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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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NATURAL RESOURCES |
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TITLE 4. FISH AND FISHERIES |
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SUBTITLE 7. LICENSING, REGULATION, AND SUPERVISION OF FISHING AND FISHERIES IN TIDAL WATERS |
§ 4-712. Rights of riparian owners relating to nets or haul seines
Latest version.
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(a) Riparian owner first entitled to set nets; exceptions. -- The owner, tenant, or lessee of any property bordering on tidal waters of the tributaries of the Chesapeake Bay, except the waters of the Great Choptank River, lying in the State, by virtue of his ownership or occupancy, may make first choice of the set or position to place nets or establish a haul seine fishery to catch fish for commercial use in front of the property for which he possesses riparian rights. The section does not permit any riparian owner or anyone acquiring the right of a riparian owner to fish with nets or seine in any manner prohibited by this subtitle.
(b) Other persons authorized to set nets under certain circumstances. -- In any year, any other person may set any net or haul seine in front of the property of a riparian property owner if the owner, tenant, or lessee of the riparian rights does not exercise the privilege of locating the position where he desires to set his nets or haul seine within 20 days after receiving notice from the other person who desires to locate his nets or fishery in front of the riparian owner's property.
(c) Notice requirements. -- The notice required by this section shall be mailed to the owner, tenant, or lessee of the shore property. If the name and address are unknown, then notice shall be posted for 20 days on a board fastened to a stake driven in the water directly in front of the property and within 300 feet of the shore.
(d) Fishing within 1500 feet of pleasure resort. -- This section does not grant by reason of the notice any right to any fisherman to fish without the permission of the shore owner in water within 1500 feet of any shore used as a resort so as to interfere with bathing or boating.
(e) Exceptions. --
(1) The notice provisions of this section do not apply in the waters of Baltimore, Caroline, Charles, Dorchester, Prince George's, St. Mary's, and Talbot counties where the permission of the shore owner always shall be necessary.
(2) The provisions of this section do not apply to Anne Arundel, Calvert, Queen Anne's, Kent, and Somerset counties.