WILLIAM DONALD SCHAEFER, Governor                           Ch. 184

(I) 1. IS A CURRENT TIDAL FISH LICENSEE WHO IS
AUTHORIZED TO ENGAGE IN FISHING ACTIVITIES UNDER SUBSECTION (D)(2)(II)1 OR
2 OF THIS SECTION AND IS APPLYING FOR AUTHORIZATION FOR ANOTHER FISHING
ACTIVITY;

(II) 2 HAS BEEN A CREW MEMBER FOR AT LEAST 4 2 YEARS IN
ANY COMMERCIAL FISHERY AS CERTIFIED BY THREE PERSONS LICENSED TO CATCH
FISH FOR COMMERCIAL PURPOSES; OR

(III) 3. IS LICENSED TO CATCH FISH FOR COMMERCIAL
PURPOSES IN ANOTHER STATE AND PRESENTS PROOF OF THAT VALID LICENSE AT
TIME OF APPLICATION.

(II)     1. AN ELIGIBLE APPLICANT UNDER THIS SUBPARAGRAPH IS A
PERSON WHO:

A. MEETS THE ELIGIBILITY REQUIREMENTS IN SUBPARAGRAPH
(I) OF THIS PARAGRAPH; AND

B. IS THE SPOUSE, DAUGHTER, SON, STEPCHILD, GRANDCHILD,
PARENT, SISTER, BROTHER, GRANDPARENT, FATHER-IN-LAW, MOTHER-IN-LAW,
SON-IN-LAW, OR DAUGHTER-IN-LAW OF A PERSON WHO HOLDS A VALID TIDAL FISH
LICENSE ISSUED UNDER THIS SECTION.

2. AN ELIGIBLE APPLICANT UNDER THIS SUBPARAGRAPH
SHALL BE PLACED AT THE HEAD OF THE WAITING LIST OF PRIMARY CANDIDATES
UNDER THIS PARAGRAPH ABOVE OTHER PRIMARY CANDIDATES. APPLICANTS UNDER
THIS SUBPARAGRAPH SHALL BE PLACED AT THE HEAD OF THE LIST IN ORDER OF THE
DATE AND TIME THAT APPLICATIONS UNDER THIS SUBPARAGRAPH ARE RECEIVED.

(3) A SECONDARY CANDIDATE IS ANY APPLICANT WHO CANNOT
QUALIFY AS A PRIMARY CANDIDATE UNDER PARAGRAPH (2) OF THIS SUBSECTION,
IS AT LEAST 12 YEARS OF AGE, AND WHO PAYS THE ANNUAL FEE FOR THE ACTIVITY
AT TIME OF APPLICATION.

[(ii)](4) 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.

(5)      IF AN APPLICANT WITHDRAWS THE APPLICATION, THE
DEPARTMENT SHALL REFUND ANY FEES THE APPLICANT HAS PAID AND SHALL
REMOVE THAT PERSON'S NAME AND APPLICATION FROM THE WAITING LIST.

(6)      (I) THERE IS NO WAITING LIST FOR AUTHORIZATION TO ENGAGE
IN ACTIVITIES UNDER SUBSECTION (D)(2)(III), (IV), OR (V) (D)(2)(II)3, 4, AND 5
(D)(2)(II)3 AND 4 OF THIS SECTION.

(II) THE DEPARTMENT MAY ISSUE AN AUTHORIZATION TO
ENGAGE IN ANY OF THOSE ACTIVITIES UPON RECEIVING A COMPLETE APPLICATION
AND PAYMENT OF FEES.

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