Ch. 83                                     2004 LAWS OF MARYLAND

(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)      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)     (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 (j-1) 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.

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