EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0644*
HOUSE BILL 644
M2 2lr1867
HB 693/21 – ENT CF 2lr1868
By: Cecil County Delegation
Introduced and read first time: January 31, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Cecil County – Fishing – Restrictions 2
FOR the purpose of adding Cecil County to a list of counties to which certain riparian laws 3
do not apply; prohibiting a person from placing nets or establishing a certain fishery 4
for a certain purpose in certain waters of Cecil County; repealing certain fishing 5
restrictions that apply in Cecil County; and generally relating to fishing in Cecil 6
County. 7
BY repealing and reenacting, with amendments, 8
Article – Natural Resources 9
Section 4–712 and 4–717 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2021 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Natural Resources 15
4–712. 16
(a) The owner, tenant, or lessee of any property bordering on tidal waters of the 17
tributaries of the Chesapeake Bay, except the waters of the Great Choptank River, lying in 18
the State, by virtue of his ownership or occupancy, may make first choice of the set or 19
position to place nets or establish a haul seine fishery to catch fish for commercial use in 20
front of the property for which he possesses riparian rights. The section does not permit 21
any riparian owner or anyone acquiring the right of a riparian owner to fish with nets or 22
seine in any manner prohibited by this subtitle. 23
(b) In any year, any other person may set any net or haul seine in front of the 24
property of a riparian property owner if the owner, tenant, or lessee of the riparian rights 25 2 HOUSE BILL 644
does not exercise the privilege of locating the position where he desires to set his nets or 1
haul seine within 20 days after receiving notice from the other person who desires to locate 2
his nets or fishery in front of the riparian owner’s property. 3
(c) The notice required by this section shall be mailed to the owner, tenant, or 4
lessee of the shore property. If the name and address are unknown, then notice shall be 5
posted for 20 days on a board fastened to a stake driven in the water directly in front of the 6
property and within 300 feet of the shore. 7
(d) This section does not grant by reason of the notice any right to any fisherman 8
to fish without the permission of the shore owner in water within 1500 feet of any shore 9
used as a resort so as to interfere with bathing or boating. 10
(e) (1) The notice provisions of this section do not apply in the waters of 11
Baltimore, Caroline, Charles, Dorchester, Prince George’s, St. Mary’s, and Talbot counties 12
where the permission of the shore owner always shall be necessary. 13
(2) The provisions of this section do not apply to Anne Arundel, Calvert, 14
CECIL, Queen Anne’s, Kent, and Somerset counties. 15
4–717. 16
[(a)] A person may not [set a pound net or stake net] PLACE NETS OR ESTABL ISH 17
A HAUL SEINE FISHERY TO CATCH FISH FOR COMME RCIAL USE in the waters of the 18
Susquehanna River in Cecil County. 19
[(b) Unless the written consent of the owner is first obtained, a person may not set 20
any pound net opposite the shore of any owner of land bordering on the waters of the Elk, 21
Bohemia or Sassafras rivers and their tributaries, and on the water of the North East River 22
from Turkey Point to the River’s Head, or any part of it within the limits of Cecil County. 23
A person, unless he is the owner of the fishing shore, may not set a pound net so that it 24
obstructs the hauling of any seine on an established fishing shore on these waters. 25
(c) A person may not catch fish by means of hook and line in the tidal waters of 26
the following tributaries of the Chesapeake Bay in Cecil County, Mill Creek, Furnace Bay, 27
North East River, Elk River, or Bohemia River two days prior to and extending until the 28
closing day of the regular ducking season as promulgated by the Department of Interior of 29
the United States. This subsection does not prohibit ice fishing at any time nor catching 30
fish by means of hook and line from the shore line, docks, or wharves, or fishing by any 31
means on Sundays during the regular ducking season. 32
(d) A person may not set any net within 200 yards of the beach on the Turkey 33
Point section of Elk Neck State Park. The area that is restricted by this subsection shall be 34
set off with buoys by the Department.] 35
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 36
1, 2022. 37 HOUSE BILL 644 3