Maryland Natural Resources Section 4-701.1

Article - Natural Resources

§ 4-701.1.

      (a)      This section applies to a person who does not qualify for a license required under Subtitle 2, Subtitle 7, Subtitle 8, Subtitle 9, or Subtitle 10 of this title, except for a seafood dealer license, to be licensed to guide fishing parties or to catch, sell, buy, process, transport, export, or otherwise deal in fish caught in tidal waters.

      (b)      Except as provided under subsection (h) of this section, the Department may issue an apprenticeship permit to authorize a person to gain practical experience in the presence of a tidal fish licensee regarding commercial fishing activities.

      (c)      An apprenticeship permit is valid for up to 3 years from the date of issuance and may be renewed for 1 year if the applicant shows good cause.

      (d)      The fees for an apprenticeship permit shall be the same as the annual fees applied under § 4-701(d) of this subtitle for each commercial fishing activity for the term of the apprenticeship and the first license year.

      (e)      (1)      The Department may accept an application for an apprenticeship permit from a person who is at least 14 years of age and does not qualify for a commercial tidal fish license or an authorization for a particular fishing activity.

            (2)      The Department may issue an apprenticeship permit if the number of tidal fish authorizations issued for that fishing activity is less than the target number established by regulation.

            (3)      The Department shall maintain a list in chronological order of persons who have applied for an apprenticeship permit but have not been issued an apprenticeship permit due to the target number already having been issued.

            (4)      The Department shall issue an apprenticeship permit to the first person on the list when a permit becomes available.

            (5)      The Department may not issue an apprenticeship permit for a particular fishing activity unless the number of the tidal fish authorizations issued for the particular activity is below the target number or a review by the General Assembly has been completed.

      (f)      The Department shall issue a tidal fish license or authorization in accordance with § 4-701(h) of this subtitle to persons who have completed the criteria established in subsection (g) or (h) of this section.

      (g)      (1)      The practical experience of a permittee shall consist of:

                  (i)      For each commercial fishing activity authorized under § 4-701(d)(2)(ii) of this subtitle:

                        1.      50 days of experience in the fishing activity applied for per year for 3 consecutive years; or

                        2.      150 days of experience in the fishing activity applied for over a minimum of 2 years;

                  (ii)      For multiple fishing activities under § 4-701(d)(2)(ii) of this subtitle and an unlimited tidal fish authorization:

                        1.      60 days of experience in at least two separate fishing activities per year for 3 consecutive years; or

                        2.      180 days of experience in at least two commercial fishing activities over a minimum of 2 years; and

                  (iii)      For the purposes of subparagraph (ii) of this paragraph, at least 60 days of practical experience spent in separate commercial fishing activities.

            (2)      The practical experience shall be documented by the permittee on the forms provided by the Department and submitted to the Department on a monthly basis when engaging in practical experience. The forms shall include:

                  (i)      Number of days spent gaining practical experience under the presence of a tidal fish licensee;

                  (ii)      Particular fishing activities;

                  (iii)      The signature of a tidal fish licensee certifying that the recorded information regarding the practical experience in fishing activities is true and correct; and

                  (iv)      Copies of appropriate income tax forms documenting the permittee's compensated employment in the presence of a tidal fish licensee.

            (3)      In addition to practical experience, before a license may be issued to a permittee, the permittee shall complete an 8-hour program approved by the Department concerning commercial fishing activities.

      (h)      (1)      The Department shall adopt regulations to establish criteria for the practical experience for an individual who holds a valid tidal fish license and who has applied for an additional authorization other than a fishing guide authorization or an unlimited tidal fish authorization.

            (2)      The criteria established in accordance with paragraph (1) of this subsection shall include:

                  (i)      Documentation at the time of application for an apprenticeship permit that, for the previous 2 years, at least 20% of the individual's gross income was from the individual's commercial fishing activities; and

                  (ii)      Before a license can be issued, documentation of a determined level of participation in the currently authorized fishery for at least 2 years while possessing an apprenticeship permit.



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