2013 Maryland Code
NATURAL RESOURCES
§ 4-2A-08 - Construction of subtitle

(a) Acts not prohibited. -- 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) Applicability to striped bass or rockfish, including hybrids. --

(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) Possession, transportation, sale, etc., of endangered or threatened fish species. -- 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.