Ch. 184                                        1994 LAWS OF MARYLAND

(G) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
DEPARTMENT MAY NOT ISSUE AN AUTHORIZATION FOR ANY ACTIVITY UNDER
SUBSECTION (D)(2)(II)1 OR 2 OF THIS SECTION:

(I)       UNLESS THE TOTAL NUMBER ISSUED FOR THAT TYPE OF
ACTIVITY IS LESS THAN THE NUMBER OF AUTHORIZATIONS WHICH THE
DEPARTMENT DETERMINES IS APPROPRIATE FOR THE RESOURCE AND CONSISTENT
WITH FISHERY MANAGEMENT PLANS ADOPTED UNDER § 4-215 OF THIS TITLE; AND

(II)     UNTIL IT HAS ADOPTED REGULATIONS STATING THE NUMBER
OF PEOPLE WHO MAY BE AUTHORIZED TO ENGAGE IN EACH FISHING ACTIVITY.

(2)      THE DEPARTMENT MAY ISSUE AN AUTHORIZATION FOR ANY
ACTIVITY UNDER SUBSECTION (D)(2)(H)1 OR 2 OF THIS SECTION TO A PERSON WHO
HAS RESIDED FOR AT LEAST 5 YEARS ON AN ISLAND IN THE STATE THAT IS AT
LEAST 3 MILES FROM THE MAINLAND.

(2)      (3) IN DETERMINING THE NUMBER OF PEOPLE WHO MAY BE
AUTHORIZED TO PARTICIPATE IN EACH ACTIVITY, THE DEPARTMENT SHALL
CONSIDER:

(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; AND

(IV)    TARGET SPECIES, SIZE, NUMBER, WEIGHT, INCIDENTAL CATCH,
TOTAL BIOMASS, ANNUAL HARVEST, MORTALITY RATES, AND OTHER FACTORS
WHICH ARE NECESSARY AND APPROPRIATE.

(4) (I) THE DEPARTMENT SHALL BY REGULATION LIMIT THE TOTAL
NUMBER OF AUTHORIZATIONS TO FISH FOR STRIPED BASS UNDER ANY
COMMERCIAL LICENSE TO THE NUMBER OF PERSONS WHO, BASED ON THE BEST
INFORMATION AVAILABLE TO THE DEPARTMENT, WERE AUTHORIZED TO FISH FOR
STRIPED BASS BETWEEN SEPTEMBER 1, 1993 AND APRIL 1, 1994.

(II) THE DEPARTMENT SHALL PROVIDE IN ITS REGULATIONS FOR
REALLOCATION OF ANY AUTHORIZATIONS THAT MAY BE REVOKED OR
VOLUNTARILY RELINQUISHED TO THE DEPARTMENT.

(H) (1) THE DEPARTMENT SHALL ISSUE A LICENSE AUTHORIZING
PARTICIPATION IN A PARTICULAR FISHING ACTIVITY TO THE FIRST PERSON ON THE
PRIMARY CANDIDATE WAITING LIST FOR THAT FISHING ACTIVITY.

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