reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-206 - Department's Authority Over Packers and Dealers in Resources Generally; Revealing Information in Reports Prohibited

(a)    The Department shall audit the books of any person who packs or deals in fish resources within the jurisdiction of the Department including anyone who catches and ships directly to market. The Department audit shall be conducted to determine the quantity of resources caught and any other data needed for reporting and accounting to State officials.
(b)    Every person engaged in the business of packing or dealing in any fish resource within the Department’s jurisdiction shall keep accurate books, statements, and accounts showing every detail of the business. Every book, statement, and account shall be open for the Department to inspect at reasonable hours. Every person engaged in the business of packing or dealing in any fish resource within the Department’s jurisdiction shall make any report the Department requires on forms the Department prescribes.
(c)    Every person the Department licenses to catch the fish resource shall make any report the Department requires on forms the Department provides.
(d)    An officer or employee of any department or unit of the Executive Branch of State government may not divulge or use in any manner information contained in any report submitted pursuant to the provisions of this section that would reveal the income of any person submitting the report. This section does not prohibit the publication of statistics classified to prevent the identification of particular reports and items of them or prohibit inspection of reports and records by any official or employee of the Executive Branch having a proper interest in them.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-207 - Assent to Public Law 681, 81st Congress

The State assents to the provisions of the act of Congress entitled “An act to provide that the United States shall aid the states in fish restoration and management projects, and for other purposes,” approved August 9, 1950, Public Law 681, Eighty-First Congress, 64 Stat. 658. The Department shall perform every act necessary to conduct and establish cooperative fish restoration projects, as defined in this act of Congress, in compliance with act and rules and regulations the Secretary of the Interior promulgates pursuant to it.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-208 - State Fisheries Management and Protection Fund

(a)    In this section, “Fund” means the State Fisheries Management and Protection Fund.
(b)    There is a State Fisheries Management and Protection Fund in the Department.
(c)    The purpose of the Fund is to finance the scientific investigation, protection, propagation, and management of nontidal finfish.
(d)    The Department shall administer the Fund.
(e)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.
(f)    The Fund consists of:
(1)    Any money received for a fish and fisheries license, stamp, permit, or application fee under this title, unless otherwise provided;
(2)    Any investment earnings of the Fund; and
(3)    Money appropriated from the General Fund of the State in accordance with subsection (j) of this section.
(g)    The Fund may be used only for:
(1)    The scientific investigation, protection, propagation, and management of nontidal finfish; and
(2)    Administrative costs calculated in accordance with § 1–103(b)(2) of this article.
(h)    (1)    The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.
(i)    Expenditures from the Fund may be made only in accordance with the State budget.
(j)    Beginning with fiscal year 2009 and each fiscal year thereafter, the Governor may include in the budget bill an appropriation from the General Fund for the Fund.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-209 - Fisheries Research and Development Fund

(a)    In this section, “Fund” means the Fisheries Research and Development Fund.
(b)    There is a Fisheries Research and Development Fund in the Department.
(c)    The purpose of the Fund is to:
(1)    Finance the replenishment of fisheries resources and related research; and
(2)    Match federal funds available for research and development of fisheries resources.
(d)    The Department shall administer the Fund.
(e)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.
(f)    The Fund consists of:
(1)    Any money received under this title for:
(i)    Commercial licenses and permits;
(ii)    Service fees, taxes, and royalties paid to the State for oyster shells and clam shells removed from the bottom beneath the tidal waters of the State;
(iii)    The sale of seed oysters under § 4–1103 of this title; and
(iv)    Any fine or forfeiture collected under § 4–1202 of this title;
(2)    Any investment earnings of the Fund;
(3)    Money received from any other source; and
(4)    Money appropriated from the General Fund of the State in accordance with subsection (j) of this section.
(g)    Subject to §§ 4–701(q), 4–1020, 4–1028, and 4–1035 of this title, the Fund may be used only for:
(1)    Replenishing fisheries resources and related research;
(2)    Matching federal funds available for research and development of fisheries resources; and
(3)    Administrative costs calculated in accordance with § 1–103(b)(2) of this article.
(h)    (1)    The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.
(i)    Expenditures from the Fund may be made only in accordance with the State budget.
(j)    Beginning with fiscal year 2009 and each fiscal year thereafter, the Governor may include in the budget bill an appropriation from the General Fund for the Fund.
(k)    Beginning in fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill a General Fund appropriation to the Fisheries Research and Development Fund of not less than $1,794,000.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-210.2 - Maryland Provisional Chesapeake Bay Charter Boat Permit

(a)    In this section, “permit” means a Maryland Provisional Chesapeake Bay Charter Boat Permit.
(b)    The Department shall establish a Maryland Provisional Chesapeake Bay Charter Boat Permit.
(c)    The Department may issue a permit if the person:
(1)    Is licensed by Virginia to operate a charter boat in its jurisdictional tidal waters; and
(2)    Provides the Department with documentation of fishing activity for 2001 and 2002 based upon licensing and reporting requirements of the Virginia Marine Resources Commission.
(d)    A permit issued by the Department:
(1)    Is valid only for an authorized person operating a vessel for charter fishing trips originating from the tidal waters of Virginia; and
(2)    Is nontransferable.
(e)    A person in possession of a permit is not required to possess a Maryland commercial fishing guide license under § 4-210 of this subtitle to operate a charter boat in tidal waters of the Chesapeake Bay in Maryland.
(f)    A person operating a charter boat under the provisions of this section shall have all appropriate federal and State licenses and the required permit in possession whenever operating a charter boat.
(g)    The holder of a permit issued under this section is subject to the penalties under Subtitle 12 of this title.
(h)    The Department may adopt regulations necessary to implement this section.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-212 - Scientific Collection Permits

(a)    Any properly accredited person of known scientific attainment desiring to collect fish, fish eggs, shellfish, or aquatic invertebrates from the wild for scientific or educational purposes shall first obtain a scientific collection permit from the Secretary.
(b)    The Secretary may issue a scientific collection permit, on the payment of a reasonable fee established by the Department in regulation, to any properly accredited person who has demonstrated a legitimate scientific or educational need for the requested species and submitted an application on a form provided by the Department.
(c)    The Secretary may adopt regulations governing the issuance, revocation, terms, and conditions of the permit.
(d)    The permit:
(1)    Shall expire December 31 of the issuing year; and
(2)    May not be transferred to another person.
(e)    The permit may become void on proof that the permittee has:
(1)    Violated any provision of the permit;
(2)    Captured or killed any fish, fish eggs, shellfish, or aquatic invertebrates in violation of the terms and conditions of the permit;
(3)    Taken any nests or eggs for other than scientific or educational purposes; or
(4)    Taken or possessed any fish, fish eggs, shellfish, or aquatic invertebrates not authorized by the permit.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-214 - Free Fishing

(a)    By regulation, the Secretary may establish up to 3 free fishing days each calendar year when a person may catch finfish in the tidal and nontidal waters of the State for recreational purposes without an angler’s license or Chesapeake Bay and coastal sport fishing license.
(b)    By regulation, the Secretary may establish free fishing areas where a person may catch finfish for recreational purposes in:
(1)    Tidal waters of the State without a Chesapeake Bay and coastal sport fishing license, provided the person is registered with the Department under § 4–745 of this title; and
(2)    Nontidal waters of the State without an angler’s license or a trout stamp.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-215.1 - Closure of State Waters for Finfishing

(a)    The provisions of this section do not apply if:
(1)    The Department of the Environment has determined that it is necessary to close an area of State waters to finfishing for the protection of the public health and safety;
(2)    An abatement or a summary abatement of a state of nuisance is necessary under § 4-205.1 of this subtitle; or
(3)    The Department closes an area of State waters:
(i)    For the stocking of coldwater trout; or
(ii)    In order to provide a security zone adjacent to a production hatchery.
(b)    The Department may completely close an area of State waters to all finfishing if the Department:
(1)    In a written report made available to the general public:
(i)    Makes a finding that the closure is necessary, after due consideration of:
1.    The scientific basis for the closure;
2.    The purpose of the closure;
3.    The rationale for the selection of the specific area to be closed;
4.    The sufficiency of the area closed to generate the benefits projected; and
5.    The likelihood that the same objective could be effectively accomplished through the use of alternative management measures; and
(ii)    Develops protocols and a reporting timeline to monitor and evaluate the effectiveness of the closure; and
(2)    Holds at least one public hearing in accordance with the requirements under subsection (d) of this section.
(c)    The reporting timeline required under subsection (b)(1)(ii) of this section shall provide for a written report as often as appropriate under the circumstances but at least as often as every 3 years from the date of closure.
(d)    (1)    For 2 successive weeks in advance of a public hearing required under subsection (b)(2) of this section, the Department shall:
(i)    Post a notice of the date, time, place, and purpose of the hearing in a prominent position on the Department’s official Internet website; and
(ii)    Advertise the date, time, place, and purpose of the hearing in at least:
1.    One newspaper of general daily circulation in the State; and
2.    One newspaper circulated in the affected region of each county in which waters may be directly affected by the proposed closure.
(2)    At least 15 days before the public hearing, the Department shall make available to the general public the report required under subsection (b)(1) of this section.
(e)    Following a closure of State waters under this section, in a written report made available to the general public and in accordance with the reporting timeline established under subsection (b)(1)(ii) of this section, the Department shall:
(1)    Based on the protocols adopted under subsection (b)(1)(ii) of this section, evaluate the effectiveness of the closure in accomplishing its overall management objectives; and
(2)    Determine what, if any, management modifications would be appropriate, including the reopening of the closed area.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-215.2 - Yellow Perch Conservation

(a)    On or before January 1, 2008, the Department shall adopt regulations that:
(1)    Provide a management strategy for yellow perch that enables yellow perch to migrate to historical spawning rivers and streams before spawning; and
(2)    Equitably allocate harvests of yellow perch between recreational and commercial harvesters.
(b)    The management strategy adopted under subsection (a) of this section shall be based on objectives and management measures that are developed in consultation with stakeholder organizations and the advisory commissions established under § 4–204 of this subtitle.
(c)    The Department shall incorporate the objectives and management measures developed under subsection (b) of this section into the fishery management plan for yellow perch established under § 4–215 of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-215.3 - Legislative Findings and Intent

(a)    The General Assembly finds that robust fishing resources are critical to the economy of the State and vital to a treasured heritage and way of life.
(b)    The General Assembly intends that the Department shall manage the fisheries under § 4–215 of this subtitle to optimize the yield of fishery resources for the benefit of all citizens of the State.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-216 - Consolidated Senior Sport Fishing Licenses

(a)    The Department shall establish a resident consolidated senior sport fishing license, to be issued to residents of Maryland beginning in the calendar year in which they attain the age of 65.
(b)    The resident consolidated senior sport fishing license may be obtained from the Department or from any authorized agent of the Department. The annual fee for the license is $5. As compensation, an agent shall retain 50 cents for each license issued.
(c)    A resident consolidated senior sport fishing license shall be valid for 1 year following the date of issuance.
(d)    A holder of a resident consolidated senior sport fishing license 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 or in the State waters of the Atlantic Ocean and the Atlantic coastal bays and their tributaries without holding a Chesapeake Bay and coastal sport fishing license under § 4–745 of this title.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-218 - Snapping Turtles -- Rules and Regulations

The Secretary may adopt rules and regulations to restrict, permit, or prohibit the catching, possessing, purchasing, transporting, or exporting of snapping turtles.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-220 - Recreational Fishing License

(a)    In addition to any other penalty provided by the provisions of this title, the Secretary may revoke or suspend any recreational license issued to any person under this title.
(b)    The Secretary may adopt regulations that list the criteria for a suspension of a person’s entitlement to engage in an activity or activities that are licensed or permitted under this title.
(c)    (1)    During a period of suspension imposed by the Department, the person whose entitlement to engage in an activity or activities has been suspended may not engage in an activity for which the suspension was imposed.
(2)    The following are grounds for an immediate suspension of a license issued under this title:
(i)    Knowingly making a false statement in an application;
(ii)    Three convictions for violations occurring on separate days within any 3–year period of provisions under this title;
(iii)    Failure to submit a report required under this title or by regulation; or
(iv)    Failure of a nonresident of the State to appear in court in accordance with 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.
(3)    A penalty imposed in accordance with this section is in addition to any other penalty authorized under § 4–1201 of this title regarding striped bass.
(4)    The Department shall initiate any proceeding to suspend a license under this section not later than 6 months after the time for filing an appeal of the third conviction under paragraph (2)(ii) of this subsection has passed.
(5)    (i)    Before the suspension of a license under this section, the Department shall notify the licensee in writing of the licensee’s right to a hearing on request.
(ii)    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:
1.    Hold a hearing after providing at least 10 days’ notice to the licensee; and
2.    Conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(iii)    The Department may suspend a recreational license issued under this title without a hearing if:
1.    The licensee does not submit a written request for a hearing; or
2.    The licensee fails to appear for a scheduled hearing for which the Department provided notice.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-221 - Fishing Gear

(a)    The authority provided by this section is in addition to any other authority of the Secretary provided by law.
(b)    (1)    Subject to paragraph (2) of this subsection, the Secretary, after consultation with the Tidal Fisheries Advisory Commission and the Sport Fisheries Advisory Commission, may adopt regulations to define and govern the use of:
(i)    Recreational fishing gear; and
(ii)    The following types of commercial fishing gear:
1.    Fish pots;
2.    Bank traps;
3.    Fyke nets;
4.    Hoop nets;
5.    Finfish trotlines; and
6.    Bowfishing gear.
(2)    The Department shall consider relevant biological, ecological, and socioeconomic factors before adopting regulations under this subsection.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2 - Organization and Authority of Department Pertaining to Fish and Fisheries -- in General › Section 4-222 - Mobile Locator Application -- Purpose -- Third Parties Authorized

(a)    The Department shall develop a mobile application for use by an individual while on the waters of the State.
(b)    The purpose of the mobile application developed under this section is to use interactive maps to aid an individual who is on the waters of the State in determining the individual’s location, in real time, relative to:
(1)    Aquaculture leases;
(2)    Demonstration leases;
(3)    Registered pound net sites;
(4)    Natural oyster bars;
(5)    Oyster sanctuaries;
(6)    Public shellfish fishery areas;
(7)    SAV Protection Zones;
(8)    Yates bars; or
(9)    Any other areas that the Department deems relevant.
(c)    The Department may contract with a third party to develop the mobile application required under this section.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2A - The Endangered Species of Fish Conservation Act › Section 4-2A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Conserve” means to use all methods and procedures for the purpose of increasing the number of individuals within species or populations up to the optimum carrying capacity of their habitat and maintaining these levels. These methods and procedures include all activities associated with scientific resources management such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transplantation, including the periodic or total protection of species or populations as well as regulated taking. With respect to endangered and threatened species, the term means to use all methods and procedures including those described above which are necessary to bring any endangered or threatened species to the point at which the measures provided for these species pursuant to this subtitle are no longer necessary except that regulated taking as a method and procedure shall be limited to the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved.
(c)    “Ecosystem” means a system of living organisms and their environment, each influencing the existence of the other and necessary for the maintenance of life.
(d)    “Endangered species” means any species whose continued existence as a viable component of the State’s fish resources is determined to be in jeopardy including any species of fish determined to be an “endangered species” pursuant to the Endangered Species Act.
(e)    “Endangered Species Act” means the Endangered Species Act of 1973, 87 Stat. 884.
(f)    “Optimum carrying capacity” means that point at which a given habitat can support healthy populations of fish species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function.
(g)    (1)    “Species” includes any subspecies of fish and any other group of fish of the same species or smaller taxa in common spatial arrangement that interbreed when mature.
(2)    “Species” does not include fish which are bred or raised in authorized aquaculture operations in nontidal ponds, lakes, or impoundments.
(h)    “Take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.
(i)    “Threatened species” means any species of fish which appears likely, within the foreseeable future, to become endangered, including any species of fish determined to be a “threatened species” pursuant to the Endangered Species Act.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2A - The Endangered Species of Fish Conservation Act › Section 4-2A-02 - Legislative Findings; Exceptions to Prohibitions

The General Assembly finds that: (1) It is the policy of this State to conserve species of fish for human enjoyment, for scientific purposes, and to insure their perpetuation as viable components of their ecosystems; (2) Species of fish normally occurring within the State which may be found to be threatened or endangered within the State should be accorded the protection necessary to maintain and enhance their numbers; (3) The State should assist in the protection of species of fish which are determined to be “threatened” or “endangered” elsewhere pursuant to the Endangered Species Act of 1973, 87 Stat. 884, by prohibiting the taking, possession, transportation, exportation, processing, sale, offer for sale, or shipment within this State of endangered species and by carefully regulating these activities with regard to the threatened species. Exceptions to these prohibitions, for the purpose of enhancing the conservation of these species, may be permitted as set forth in this subtitle.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2A - The Endangered Species of Fish Conservation Act › Section 4-2A-03 - Investigation and Conservation of Fish Resources Generally; Unlawful Taking, Possession, Transportation, etc., of Fish Deemed in Need of Conservation

(a)    The Secretary shall conduct investigations of the fish resources of the State in order to develop information relating to population, distribution, habitat needs, limiting factors, and other biological and ecological data to determine conservation measures necessary for their continued ability to sustain themselves successfully. On the basis of these determinations the Secretary shall issue proposed rules and regulations not later than July 1, 1976 and develop conservation programs designed to insure the continued ability of fish deemed in need of conservation to perpetuate themselves successfully. The Secretary shall conduct ongoing investigations of the fish resources of the State and may amend these rules and regulations.
(b)    The Secretary, by rules and regulations, shall adopt limitations relating to taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment necessary to conserve fish.
(c)    Except as provided in rules and regulations adopted by the Secretary, no person may take, possess, transport, export, process, sell, offer for sale, or ship any fish deemed by the Department to be in need of conservation pursuant to this section, nor may any common or contract carrier knowingly transport or receive for shipment any fish deemed by the Secretary to be in need of conservation pursuant to this section.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2A - The Endangered Species of Fish Conservation Act › Section 4-2A-05.1 - Removal of Moratoriums on Taking, Possession, Sale, and Transporting of Striped Bass or Rockfish

When the Secretary removes the moratoriums on the taking, possession, sale, and transporting of striped bass or rockfish, the Secretary:
(1)    Shall allow sport fishermen and commercial fishermen to take, possess, sell, and transport striped bass or rockfish; but
(2)    May not remove the moratoriums for sport fishermen or commercial fishermen without removing the same moratoriums for the other group of fishermen.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2A - The Endangered Species of Fish Conservation Act › Section 4-2A-06 - Conservation Programs for Threatened or Endangered Species; Duties of Governor and Other State Departments and Entities

(a)    The Secretary shall establish programs, including acquisition of land or aquatic habitat or interests therein, necessary for the conservation of threatened or endangered species of fish. The Secretary shall use all vested authority to carry out the provisions of this subsection.
(b)    In carrying out programs authorized by this section, the Secretary shall consult with other states having a common interest in particular species of endangered or threatened species of fish and may enter into agreements with federal agencies, other states, political subdivisions of this State, or with individuals with respect to programs designed to conserve endangered or threatened species of fish including agreements for administration and management of any that are established under this section or utilized for conservation of endangered or threatened species of fish.
(c)    The Governor shall review other programs administered by him and utilize these programs in furtherance of the purposes of this subtitle. All State departments and agencies, in consultation with and with the assistance of the Secretary, shall utilize their authorities in furtherance of the purposes of this subtitle by carrying out programs for the conservation of endangered species and threatened species listed pursuant to § 4–2A–04(f) of this subtitle and by taking any action necessary to insure that actions authorized, funded, or carried out by them do not jeopardize the continued existence of the endangered species or threatened species or result in the destruction or modification of habitat of the species which is deemed by the Secretary to be critical.
(d)    The Secretary shall adopt rules and regulations necessary to implement this section.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2A - The Endangered Species of Fish Conservation Act › Section 4-2A-07 - Violations and Penalties; Searches and Seizures; Arrests; Forfeitures

(a)    Any person who violates the provisions of § 4–2A–05 of this subtitle, or fails to procure any permit required by § 4–2A–05 of this subtitle, or who violates the terms of any permit shall be fined not more than $1,000 or be imprisoned not more than one year, or both.
(b)    Any Natural Resources police officer or any law enforcement officer may conduct searches as provided by law, and execute a warrant to search for and seize any equipment, business records, merchandise, fish taken, used or possessed in connection with a violation of any subsection. Any Natural Resources police officer or law enforcement officer, without a warrant, may arrest any person who the officer has probable cause to believe is violating, in his presence or view, this subtitle, any rule or regulation, or permit provided for by this subtitle. Any Natural Resources police officer or law enforcement officer who has made an arrest of a person in connection with any violation may search the person, premises, or business records at the time of arrest and may seize any fish, records, or property taken, or used in connection with any violation.
(c)    Equipment, merchandise, fish or records seized under the provisions of subsection (b) of this section shall be held by any Natural Resources police officer or law enforcement officer pending disposition of court proceedings, and thereafter shall be forfeited to the State for destruction or disposition as the Secretary may deem appropriate. Prior to forfeiture the Secretary may direct the transfer of fish so seized to a qualified zoological, educational, or scientific institution for safekeeping, costs to be assessable to the defendant. The Secretary may issue rules and regulations to implement this section.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2A - The Endangered Species of Fish Conservation Act › Section 4-2A-08 - Construction of Subtitle

(a)    Except as provided in subsection (b) of this section, the provisions of this subtitle do not prohibit:
(1)    Importation into the State of fish which may be lawfully imported into the United States or lawfully taken and removed from another state;
(2)    Entry into this State or the possession, transportation, exportation, processing, sale, offer for sale, or shipment of any fish which is designated an endangered or threatened species in this State but not in the state where originally taken, if the person engaging in the activity demonstrates by substantial evidence that the fish was lawfully taken and lawfully removed from the state of origin; or
(3)    Entry into this State or the possession, transportation, exportation, processing, sale, offer for sale, or shipment of fish which are lawfully purchased for, or which are products of, authorized aquaculture operations in nontidal ponds, lakes, or impoundments, provided the fish are identified as such in accordance with regulations adopted under § 4-11A-02 of this title.
(b)    (1)    (i)    This paragraph does not apply to striped bass or rockfish, including hybrids, which are lawfully purchased for, or which are products of authorized aquaculture operations in nontidal ponds, lakes, or impoundments, provided the fish are identified as such in accordance with regulations adopted under § 4-11A-02 of this title.
(ii)    If the species of fish known as striped bass or rockfish, including hybrids thereof, is listed as threatened or endangered pursuant to the provisions of this subtitle, all prohibitions of this subtitle shall apply to any striped bass or hybrid located within the State whether or not the fish may have been taken lawfully in another state, except as authorized in this subsection.
(2)    A person may possess striped bass or hybrids from another state while transporting them through this State for sale in another state if the person can demonstrate by substantial evidence that the fish were lawfully taken and removed from the state of origin.
(3)    A person who possesses a valid license to deal in finfish under § 4-702 of this title may possess, store, and process striped bass or hybrids of striped bass lawfully taken in another state or in waters within the jurisdiction of the Potomac River Fisheries Commission, in conjunction with transporting them through this State for sale in another state.
(c)    This section does not permit the possession, transportation, exportation, processing, sale, offer for sale or shipment within this State of species of fish determined, pursuant to the Endangered Species Act, to be an endangered or threatened species except as permitted by § 4-2A-05 of this subtitle.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 2A - The Endangered Species of Fish Conservation Act › Section 4-2A-08.1 - Catching Hybrid Striped Bass in Freshwater Impoundments

The Department shall adopt regulations allowing the catching of hybrids of striped bass under certain conditions in freshwater impoundments in the State as long as, during the time any moratorium on the taking and sale of striped bass is in effect under the Endangered Species of Fish Conservation Act, the regulations also prohibit the sale in the State for any purpose of the hybrids of striped bass that are caught under the authority of the regulations.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 3 - Interstate Compacts Concerning Fish and Fisheries and Related Laws › Part I - Atlantic States Marine Fisheries Compact › Section 4-302 - Maryland Membership

(a)    Pursuant to Article III of the Atlantic States Marine Fisheries Compact, 3 commissioners of the Atlantic States Marine Fisheries Commission shall be from the State. One commissioner shall be the Secretary whose term of office shall be concurrent with his tenure as Secretary. One commissioner shall be a legislator who is chosen jointly by the President and Speaker. The third commissioner shall be appointed by the Governor with the advice and consent of the Senate. The third commissioner shall be a resident of the State having knowledge of and interest in marine fisheries problems. His tenure shall be three years or until a successor is appointed and qualified.
(b)    The Secretary may delegate to any subordinate in his Department the power to be present and participate, including voting as his representative at any meeting of the Commission.
(c)    Upon charges, the Governor may remove from office any commissioner, after the commissioner is afforded a hearing.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 3 - Interstate Compacts Concerning Fish and Fisheries and Related Laws › Part I - Atlantic States Marine Fisheries Compact › Section 4-303 - Powers Granted Commission and Commissioners; State Policy to Carry Out Compact; Powers Are Supplemental

(a)    The Commission and the commissioners have every power provided for in the Compact and necessary or incidental to carrying out the Compact. It is the policy of the State to carry out the provisions of the Compact to accomplish its purposes. Every State officer shall perform everything within his authority necessary or incidental to effectuate this policy. Every officer, unit, and persons in State government shall furnish the Commission with information and data upon request and aid it by loaning personnel or by other means within their authority.
(b)    Any power granted to the Commission is intended to aid and supplement and not limit any power vested in it by other laws of the State, the laws of the member states, by Congress, or the terms of the Compact.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 3 - Interstate Compacts Concerning Fish and Fisheries and Related Laws › Part I - Atlantic States Marine Fisheries Compact › Section 4-304 - Accounting and Reporting by Commission; Duty of Comptroller

(a)    The Commission shall keep an accurate account of all of its receipts and reimbursements. It shall report annually to the Governor by January 10 setting forth in detail every Commission transaction which was conducted during the preceding year, and make any recommendation for legislative action deemed advisable, including amendments to the laws of the State which may be necessary to carry out the intent and purposes of the Compact among the signatory states.
(b)    The State Comptroller may examine the Commission’s accounts and books, including its receipts, disbursements, and any other items concerning its financial standing as the Comptroller deems proper. The Comptroller shall report the results of his examination to the Governor.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 3 - Interstate Compacts Concerning Fish and Fisheries and Related Laws › Part I - Atlantic States Marine Fisheries Compact › Section 4-305 - State Appropriations for Expenses of Commission

Pursuant to Article XI of the Atlantic States Marine Fisheries Compact, funds shall be appropriated from the State Treasury for expenses of the Commission. The appropriation shall be paid out of the State Treasury on the audit and warrant of the Comptroller upon vouchers certified by the chairman of the Commission in the manner prescribed by law.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 3 - Interstate Compacts Concerning Fish and Fisheries and Related Laws › Part II - Potomac River Compact of 1958 › Section 4-307 - Powers of Potomac River Fisheries Commission

The Potomac River Fisheries Commission shall have the power to make, adopt, and publish such rules and regulations as may be necessary or desirable for authorizing and regulating the dredging of oysters in areas of the Potomac River within its geographical jurisdiction and may levy license and repletion fees for same.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 4 - State Fish Refuges and Hatcheries in Tidal and Nontidal Water › Section 4-401 - Acquisition of Areas of Water or Land for State Fish Refuges; Exception in Allegany and Garrett Counties

The Department may acquire, by purchase, lease, condemnation, or gift, title or control of any area of water or land in the State suitable to protect, propagate, or manage fish. The area of water or land shall be known as a State fish refuge. Any area of water or land in Garrett County or Allegany County greater than 100 acres may be acquired only with the approval of that county. This requirement does not apply to any areas which have previously been authorized for acquisition by the General Assembly. The Department may purchase or erect any structure necessary for fish management, and may purchase or lease any area of water or land, excluding the ownership of and the right to drill any mineral, oil, or gas.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 4 - State Fish Refuges and Hatcheries in Tidal and Nontidal Water › Section 4-402 - Title and Control of Areas of Water or Land; Expenditures for Acquisition

The title to any area of water or land acquired by purchase, gift, or condemnation shall be taken in the name of the State for the Department’s use. The entire control of the area of water or land shall be under the State’s direction. The Secretary may expend from the State Fisheries Management and Protection Fund any amount necessary to purchase or condemn an area of water or land.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 4 - State Fish Refuges and Hatcheries in Tidal and Nontidal Water › Section 4-403 - Sale and Exchange of Areas of Water or Land

(a)    If the Department considers it in the State’s best interest and the Governor consents, it may exchange any area of water or land or part it owns, together with any improvement on it, for any privately owned area of water or land equal to or greater in value than the area of water or land the Department exchanges and adapts for fish refuge and management. Also, the Department may sell any area of water or land or part it owns to the person who offers the highest price.
(b)    The Department may use the acquired area of water or land as a State park.
(c)    The Attorney General shall prepare any deed necessary to complete the exchange or sale of the area of water or land. The Secretary shall execute the deed. The proceeds of any sale shall be deposited with the State Comptroller and placed to the credit of the State Fisheries Management and Protection Fund.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 4 - State Fish Refuges and Hatcheries in Tidal and Nontidal Water › Section 4-404 - Use of Areas of Water or Land; Appointment of Caretakers

An acquired area of water or land may be used to create and maintain State fish refuges, or for fish management. The Department may grant a right-of-way on or across any acquired area of water or land if the grant does not adversely affect the protection and management of fish. The Department may appoint a caretaker of the area of water or land and make an agreement with the caretaker for proper care and management of the fish refuge.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 4 - State Fish Refuges and Hatcheries in Tidal and Nontidal Water › Section 4-405 - State Fish Refuges

The Department may establish and maintain any State fish refuge to protect and propagate fish throughout the State. The Department may locate, with the consent of the Governor and of the superintendent in charge of any federally or State–owned area of water or land, any State fish refuge on State–owned or federally–owned water or land. The boundaries of each fish refuge shall be clearly marked. At each refuge boundary, a notice shall be posted in a conspicuous place informing the public the area of water or land is a “State fish refuge – fishing is unlawful”, and any other information or rules and regulations the Department considers advisable.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 4 - State Fish Refuges and Hatcheries in Tidal and Nontidal Water › Section 4-406 - Leased Areas of Water or Land

(a)    If a person who owns or controls any suitable area of water or land desires to have it set aside as a fish refuge, he may apply to the Department, giving a description of the area of water or land, including a specific location, map, or sketch showing an outline of the area of water or land and the location of any structure or improvement, and the nature of the area of land or water, such as woodland, abandoned farmland, or cultivated land, or lake, pond, marsh, or impounded stream.
(b)    The Department may examine the area of water or land to determine if it is suitable for fish protection and management. If the area of water or land is acceptable as a fish refuge, the Department shall notify the owner of this fact. The owner shall sign a lease vesting the State with every fishing right in the area without charge. The lease also shall provide that neither the owner, his family, agents, tenants, nor any other person may fish in the area of water or land and that, he will make every effort to protect the fish refuge from forest fires, fishing, or any violation of any State conservation law. The lease or agreement shall continue in force for an uninterrupted period of at least 5 years.
(c)    If the person who owns or controls the area of water or land named in any lease on which there is no charge sells the area of water or land, the area is released from the operation of the lease unless the purchaser agrees to allow it to remain under the lease. Either the Department or the owner of the area of water or land may rescind any lease for which there is no charge made pursuant to this section after giving 90 days written notice of intent to terminate the lease to the other party.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 4 - State Fish Refuges and Hatcheries in Tidal and Nontidal Water › Section 4-407 - Rules and Regulations for Use, etc., of Fish Refuges

The Department may adopt and promulgate, and post, rules and regulations for the proper use and administration of any State fish refuge it controls or owns.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 4 - State Fish Refuges and Hatcheries in Tidal and Nontidal Water › Section 4-408 - Department May Erect and Maintain Hatcheries, etc., to Propagate Fish

The Department may erect and maintain any suitable fish hatchery, nursery, pond, or rearing station to propagate fish in order to manage the waters of the State. Hatcheries, nurseries, ponds, and rearing stations shall be maintained by Department funds.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 4 - State Fish Refuges and Hatcheries in Tidal and Nontidal Water › Section 4-409 - Department May Take Game and Freshwater Fish for Management Purposes

The Department may catch any game and freshwater fish from the waters of the State, including any pond, lake, or canal, publicly or privately owned, in order to propagate in captivity and distribute into public waters brood stock, fry, or fingerlings to manage the fish.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 4 - State Fish Refuges and Hatcheries in Tidal and Nontidal Water › Section 4-410 - Trespassing on Fish Refuges or Lands Controlled by Department

(a)    This section is intended to protect the State in its objective to propagate and manage fish on fish refuges, lands, and waters controlled by the Department.
(b)    An unauthorized person may not enter or trespass on or destroy, deface, or damage any fish refuge or lands acquired for fish ponds or hatcheries without the consent of the Department. A person may not allow any dog, domestic stock, or poultry to enter on any State fish refuge.