§ 4-101. Definitions  


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  •    (a) In general. -- In this title the following words have the meanings indicated.

    (b) Apprenticeship permit. -- "Apprenticeship permit" means a permit issued by the Department that authorizes the permittee to gain practical experience in the presence of a tidal fish licensee regarding commercial fishing activities.

    (c) Authorization. -- "Authorization" means an authorization under a tidal fish license issued by the Department which entitles a licensee to engage in a particular fishing activity.

    (d) Catch. -- "Catch" includes to take, kill, trap, gather, harvest, or in any manner reduce any fish to personal possession.

    (e) Closed season. -- "Closed season" means the time during which any particular species of fish may not be caught legally and includes any period of time not included within the open season.

    (f) Commercial fishing pier. -- "Commercial fishing pier" means a pier open to the public that charges a fee to fish in the tidal waters of the State.

    (g) County. -- "County" includes Baltimore City unless otherwise indicated.

    (h) Crew member. -- "Crew member" means a person who assists a tidal fish licensee during commercial fishing activities including operating a boat, handling fishing related gear, or culling fish.

    (i) Department. -- "Department" means Department of Natural Resources.

    (j) Fish. -- "Fish" means finfish, crustaceans, mollusks, and amphibians and reptiles which spend the majority of their life cycle in water and any part, egg, offspring, or dead body of any of these species.

    (k) Game and freshwater fish. -- "Game and freshwater fish" means fish found in nontidal water, including but not limited to, a pond, lake, or canal, whether publicly or privately owned.

    (l) Hailing system. -- "Hailing system" means a communication system used by licensees to notify the Department of a fishing trip, harvest, or other fishing related information as required by the Department.

    (m) Nontidal water. -- "Nontidal water" means water above a point where the tide ebbs and flows.

    (n) Open season. -- "Open season" means the time during which fish legally may be caught and includes both the first and last day of the season or period designated in this title.

    (o) Person. -- "Person" includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

    (p) Resident. -- "Resident" means an individual who:

       (1) For more than 6 months of the taxable year maintains a residence in the State; or

       (2) Moves to the State with the intent to be domiciled in the State.

    (q) Secretary. -- "Secretary" means Secretary of Natural Resources.

    (r) Tidal fish license. -- "Tidal fish license" means a license issued by the Department which authorizes the licensee to guide fishing parties, catch fish for commercial purposes and buy, sell, process, transport, export or otherwise deal in fish which were caught in the tidal waters of Maryland.

    (s) Tidal water. -- "Tidal water" means water below a point where the tide ebbs and flows.


HISTORY: An. Code 1957, art. 66C, § 112, 200, 234, 696; 1973, 1st Sp. Sess., ch. 4, § 1; 1994, ch. 184; 1998, ch. 418, § 1, 2; ch. 419, § 1, 2; 2004, ch. 25, § 6; 2010, ch. 465, § 1; 2012, ch. 435, § 1, 2.