§ 4-210. Fishing guides [Subject to amendment effective January 1, 2011; amended version follows this section].
(a) License required.- Except for a person employed to operate a vessel for a master fishing guide under § 4-701(p) or a person permitted to operate a charter boat under § 4-210.2, any person who desires to accept direct or indirect consideration for providing services as a fishing guide shall obtain a license.
(b) Operation of vessels carrying passengers for hire.- In addition to any license required by this section, a person may not furnish any service as a fishing guide that requires operating a boat or vessel as part of that service without first obtaining appropriate federal licenses to operate a vessel carrying passengers for hire.
(c) Possession of federal and State licenses.- A person who is required to be licensed under this section must have all appropriate federal and State licenses in the person's possession whenever performing services as a fishing guide.
(d) Monthly reports.- A commercial fishing guide shall be required to submit reports monthly on forms provided by the Department.
(e) First aid and safety requirements; failure to comply.-
(1) The Secretary may establish by regulation first aid and safety requirements with which all licensed fishing guides shall comply.
(2) The Department may suspend, revoke, or refuse to issue a license for failure to comply with the terms of the license.
(f) Tidal fish license; freshwater fishing guide license.- The Department may issue a tidal fish license under § 4-701 of this title and a freshwater fishing guide license under § 4-210.1 of this subtitle.
(g) Limited fishing guide license - Issuance.-
(1) The Department may issue a limited fishing guide license that is applicable in all waters of the State to allow a license holder to guide:
(i) Anglers in up to 3 boats or vessels that:
1. Have 1 or 2 occupants; and
2. Are propelled by oars or paddles; or
(ii) 1. Except as provided in item 2 of this item, up to 10 anglers fishing from shore or on foot in the water; or
2. Any number of anglers who are participating in an educational or recreational program sponsored by a State, local, or municipal government and who are fishing from shore or on foot in the water.
(2) A person may not accept any consideration for services as a fishing guide licensed under this subsection unless the person and all persons being guided possess, as applicable, an angler's license issued under § 4-604 of this title or a Chesapeake Bay sport fishing license issued under § 4-745 of this title.
(3) A recreational angler under the guidance of a limited fishing guide in tidal waters may not:
(i) Catch or possess the species of fish known as the striped bass or rockfish in the tidal waters designated in § 4-210.1 (f) of this subtitle; and
(ii) From March 1 through May 31, catch or attempt to catch the species of fish known as the striped bass or rockfish in spawning areas and rivers, including all waters north of a line from Abbey Point to Worton Point, including the Sassafras River, Bohemia River, Elk River, Northeast River, Susquehanna River, Susquehanna Flats, and the Chesapeake and Delaware Canal.
(h) Limited fishing guide license - Fee.-
(1) The fee for a limited fishing guide license under subsection (g) of this section shall be:
(i) For a resident, $50; and
(ii) For a nonresident, $100.
(2) All fees collected by the Department under this subsection shall be used for monitoring the freshwater fishery.
(3) The Department shall publicly report annually the amounts collected under this subsection.
§ 4-210. Fishing guides [Subject to amendment effective January 1, 2011; amended version follows this section].
(a) License required.- Except for a person employed to operate a vessel for a master fishing guide under § 4-701(p) or a person permitted to operate a charter boat under § 4-210.2, any person who desires to accept direct or indirect consideration for providing services as a fishing guide shall obtain a license.
(b) Operation of vessels carrying passengers for hire.- In addition to any license required by this section, a person may not furnish any service as a fishing guide that requires operating a boat or vessel as part of that service without first obtaining appropriate federal licenses to operate a vessel carrying passengers for hire.
(c) Possession of federal and State licenses.- A person who is required to be licensed under this section must have all appropriate federal and State licenses in the person's possession whenever performing services as a fishing guide.
(d) Monthly reports.- A commercial fishing guide shall be required to submit reports monthly on forms provided by the Department.
(e) First aid and safety requirements; failure to comply.-
(1) The Secretary may establish by regulation first aid and safety requirements with which all licensed fishing guides shall comply.
(2) The Department may suspend, revoke, or refuse to issue a license for failure to comply with the terms of the license.
(f) Tidal fish license; freshwater fishing guide license.- The Department may issue a tidal fish license under § 4-701 of this title and a freshwater fishing guide license under § 4-210.1 of this subtitle.
(g) Limited fishing guide license - Issuance.-
(1) The Department may issue a limited fishing guide license that is applicable in all waters of the State to allow a license holder to guide:
(i) Anglers in up to 3 boats or vessels that:
1. Have 1 or 2 occupants; and
2. Are propelled by oars or paddles; or
(ii) 1. Except as provided in item 2 of this item, up to 10 anglers fishing from shore or on foot in the water; or
2. Any number of anglers who are participating in an educational or recreational program sponsored by a State, local, or municipal government and who are fishing from shore or on foot in the water.
(2) A person may not accept any consideration for services as a fishing guide licensed under this subsection unless the person and all persons being guided possess, as applicable, an angler's license issued under § 4-604 of this title or a Chesapeake Bay sport fishing license issued under § 4-745 of this title.
(3) A recreational angler under the guidance of a limited fishing guide in tidal waters may not:
(i) Catch or possess the species of fish known as the striped bass or rockfish in the tidal waters designated in § 4-210.1 (f) of this subtitle; and
(ii) From March 1 through May 31, catch or attempt to catch the species of fish known as the striped bass or rockfish in spawning areas and rivers, including all waters north of a line from Abbey Point to Worton Point, including the Sassafras River, Bohemia River, Elk River, Northeast River, Susquehanna River, Susquehanna Flats, and the Chesapeake and Delaware Canal.
(h) Limited fishing guide license - Fee.-
(1) The fee for a limited fishing guide license under subsection (g) of this section shall be:
(i) For a resident, $50; and
(ii) For a nonresident, $100.
(2) All fees collected by the Department under this subsection shall be used for monitoring the freshwater fishery.
(3) The Department shall publicly report annually the amounts collected under this subsection.
§ 4-210. Fishing guides [Subject to amendment effective January 1, 2011; amended version follows this section].
(a) License required.- Except for a person employed to operate a vessel for a master fishing guide under § 4-701(p) or a person permitted to operate a charter boat under § 4-210.2, any person who desires to accept direct or indirect consideration for providing services as a fishing guide shall obtain a license.
(b) Operation of vessels carrying passengers for hire.- In addition to any license required by this section, a person may not furnish any service as a fishing guide that requires operating a boat or vessel as part of that service without first obtaining appropriate federal licenses to operate a vessel carrying passengers for hire.
(c) Possession of federal and State licenses.- A person who is required to be licensed under this section must have all appropriate federal and State licenses in the person's possession whenever performing services as a fishing guide.
(d) Monthly reports.- A commercial fishing guide shall be required to submit reports monthly on forms provided by the Department.
(e) First aid and safety requirements; failure to comply.-
(1) The Secretary may establish by regulation first aid and safety requirements with which all licensed fishing guides shall comply.
(2) The Department may suspend, revoke, or refuse to issue a license for failure to comply with the terms of the license.
(f) Tidal fish license; freshwater fishing guide license.- The Department may issue a tidal fish license under § 4-701 of this title and a freshwater fishing guide license under § 4-210.1 of this subtitle.
(g) Limited fishing guide license - Issuance.-
(1) The Department may issue a limited fishing guide license that is applicable in all waters of the State to allow a license holder to guide:
(i) Anglers in up to 3 boats or vessels that:
1. Have 1 or 2 occupants; and
2. Are propelled by oars or paddles; or
(ii) 1. Except as provided in item 2 of this item, up to 10 anglers fishing from shore or on foot in the water; or
2. Any number of anglers who are participating in an educational or recreational program sponsored by a State, local, or municipal government and who are fishing from shore or on foot in the water.
(2) A person may not accept any consideration for services as a fishing guide licensed under this subsection unless the person and all persons being guided possess, as applicable, an angler's license issued under § 4-604 of this title or a Chesapeake Bay sport fishing license issued under § 4-745 of this title.
(3) A recreational angler under the guidance of a limited fishing guide in tidal waters may not:
(i) Catch or possess the species of fish known as the striped bass or rockfish in the tidal waters designated in § 4-210.1 (f) of this subtitle; and
(ii) From March 1 through May 31, catch or attempt to catch the species of fish known as the striped bass or rockfish in spawning areas and rivers, including all waters north of a line from Abbey Point to Worton Point, including the Sassafras River, Bohemia River, Elk River, Northeast River, Susquehanna River, Susquehanna Flats, and the Chesapeake and Delaware Canal.
(h) Limited fishing guide license - Fee.-
(1) The fee for a limited fishing guide license under subsection (g) of this section shall be:
(i) For a resident, $50; and
(ii) For a nonresident, $100.
(2) All fees collected by the Department under this subsection shall be used for monitoring the freshwater fishery.
(3) The Department shall publicly report annually the amounts collected under this subsection.
