Maryland 2022 Regular Session

Maryland Senate Bill SB900 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 414
2		-
3		-	– 1 –
4		-	Chapter 414
5		-	(Senate Bill 900)
6		-
7		-	AN ACT concerning
8		-
9		-	Cecil County – Fishing – Restrictions Revisions
10		-
11		-	FOR the purpose of adding Cecil County to a list of counties to which certain riparian laws
12		-	do not apply; prohibiting a person from placing nets or establishing a certain fishery
13		-	for a certain purpose in certain waters of Cecil County; repealing certain fishing
14		-	restrictions that apply in Cecil County; and generally relating to fishing in Cecil
15		-	County.
16		-
17		-	BY repealing and reenacting, with amendments,
18		-	Article – Natural Resources
19		-	Section 4–712 and 4–717
20		-	Annotated Code of Maryland
21		-	(2018 Replacement Volume and 2021 Supplement)
22		-
23		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
24		-	That the Laws of Maryland read as follows:
25		-
26		-	Article – Natural Resources
27		-
28		-	4–712.
29		-
30		-	(a) The owner, tenant, or lessee of any property bordering on tidal waters of the
31		-	tributaries of the Chesapeake Bay, except the waters of the Great Choptank River, lying in
32		-	the State, by virtue of his ownership or occupancy, may make first choice of the set or
33		-	position to place nets or establish a haul seine fishery to catch fish for commercial use in
34		-	front of the property for which he possesses riparian rights. The section does not permit
35		-	any riparian owner or anyone acquiring the right of a riparian owner to fish with nets or
36		-	seine in any manner prohibited by this subtitle.
37		-
38		-	(b) In any year, any other person may set any net or haul seine in front of the
39		-	property of a riparian property owner if the owner, tenant, or lessee of the riparian rights
40		-	does not exercise the privilege of locating the position where he desires to set his nets or
41		-	haul seine within 20 days after receiving notice from the other person who desires to locate
42		-	his nets or fishery in front of the riparian owner’s property.
43		-
44		-	(c) The notice required by this section shall be mailed to the owner, tenant, or
45		-	lessee of the shore property. If the name and address are unknown, then notice shall be
46		-	posted for 20 days on a board fastened to a stake driven in the water directly in front of the
47		-	property and within 300 feet of the shore.
48		-	Ch. 414 2022 LAWS OF MARYLAND
49		-
50		-	– 2 –
51		-	(d) This section does not grant by reason of the notice any right to any fisherman
52		-	to fish without the permission of the shore owner in water within 1500 feet of any shore
53		-	used as a resort so as to interfere with bathing or boating.
54		-
55		-	(e) (1) The notice provisions of this section do not apply in the waters of
56		-	Baltimore, Caroline, Charles, Dorchester, Prince George’s, St. Mary’s, and Talbot counties
57		-	where the permission of the shore owner always shall be necessary.
58		-
59		-	(2) The provisions of this section do not apply to Anne Arundel, Calvert,
60		-	CECIL, Queen Anne’s, Kent, and Somerset counties.
61		-
62		-	4–717.
63		-
64		-	[(a)] A person may not [set a pound net or stake net] PLACE POUND NETS OR
65		-	ESTABLISH A HAUL SEINE FISHERY TO CATCH FISH FOR CO MMERCIAL USE in the
66		-	waters of the Susquehanna River in Cecil County.
67		-
68		-	[(b) Unless the written consent of the owner is first obtained, a person may not set
69		-	any pound net opposite the shore of any owner of land bordering on the waters of the Elk,
70		-	Bohemia or Sassafras rivers and their tributaries, and on the water of the North East River
71		-	from Turkey Point to the River’s Head, or any part of it within the limits of Cecil County.
72		-	A person, unless he is the owner of the fishing shore, may not set a pound net so that it
73		-	obstructs the hauling of any seine on an established fishing shore on these waters.
74		-
75		-	(c) A person may not catch fish by means of hook and line in the tidal waters of
76		-	the following tributaries of the Chesapeake Bay in Cecil County, Mill Creek, Furnace Bay,
77		-	North East River, Elk River, or Bohemia River two days prior to and extending until the
78		-	closing day of the regular ducking season as promulgated by the Department of Interior of
79		-	the United States. This subsection does not prohibit ice fishing at any time nor catching
80		-	fish by means of hook and line from the shore line, docks, or wharves, or fishing by any
81		-	means on Sundays during the regular ducking season.
82		-
83		-	(d) A person may not set any net within 200 yards of the beach on the Turkey
84		-	Point section of Elk Neck State Park. The area that is restricted by this subsection shall be
85		-	set off with buoys by the Department.]
86		-
87		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
88		-	1, 2022.
89	1
90	2
91		-	Approved by the Governor, May 16, 2022.
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	sb0900
	9	+
	10	+	SENATE BILL 900
	11	+	M2 2lr1868
	12	+	SB 799/21 – EHE CF HB 644
	13	+	By: Cecil County Senators
	14	+	Introduced and read first time: February 7, 2022
	15	+	Assigned to: Education, Health, and Environmental Affairs
	16	+	Committee Report: Favorable with amendments
	17	+	Senate action: Adopted with floor amendments
	18	+	Read second time: March 3, 2022
	19	+
	20	+	CHAPTER ______
	21	+
	22	+	AN ACT concerning 1
	23	+
	24	+	Cecil County – Fishing – Restrictions Revisions 2
	25	+
	26	+	FOR the purpose of adding Cecil County to a list of counties to which certain riparian laws 3
	27	+	do not apply; prohibiting a person from placing nets or establishing a certain fishery 4
	28	+	for a certain purpose in certain waters of Cecil County; repealing certain fishing 5
	29	+	restrictions that apply in Cecil County; and generally relating to fishing in Cecil 6
	30	+	County. 7
	31	+
	32	+	BY repealing and reenacting, with amendments, 8
	33	+	Article – Natural Resources 9
	34	+	Section 4–712 and 4–717 10
	35	+	Annotated Code of Maryland 11
	36	+	(2018 Replacement Volume and 2021 Supplement) 12
	37	+
	38	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
	39	+	That the Laws of Maryland read as follows: 14
	40	+
	41	+	Article – Natural Resources 15
	42	+
	43	+	4–712. 16
	44	+
	45	+	(a) The owner, tenant, or lessee of any property bordering on tidal waters of the 17
	46	+	tributaries of the Chesapeake Bay, except the waters of the Great Choptank River, lying in 18
	47	+	the State, by virtue of his ownership or occupancy, may make first choice of the set or 19
	48	+	position to place nets or establish a haul seine fishery to catch fish for commercial use in 20 2 SENATE BILL 900
	49	+
	50	+
	51	+	front of the property for which he possesses riparian rights. The section does not permit 1
	52	+	any riparian owner or anyone acquiring the right of a riparian owner to fish with nets or 2
	53	+	seine in any manner prohibited by this subtitle. 3
	54	+
	55	+	(b) In any year, any other person may set any net or haul seine in front of the 4
	56	+	property of a riparian property owner if the owner, tenant, or lessee of the riparian rights 5
	57	+	does not exercise the privilege of locating the position where he desires to set his nets or 6
	58	+	haul seine within 20 days after receiving notice from the other person who desires to locate 7
	59	+	his nets or fishery in front of the riparian owner’s property. 8
	60	+
	61	+	(c) The notice required by this section shall be mailed to the owner, tenant, or 9
	62	+	lessee of the shore property. If the name and address are unknown, then notice shall be 10
	63	+	posted for 20 days on a board fastened to a stake driven in the water directly in front of the 11
	64	+	property and within 300 feet of the shore. 12
	65	+
	66	+	(d) This section does not grant by reason of the notice any right to any fisherman 13
	67	+	to fish without the permission of the shore owner in water within 1500 feet of any shore 14
	68	+	used as a resort so as to interfere with bathing or boating. 15
	69	+
	70	+	(e) (1) The notice provisions of this section do not apply in the waters of 16
	71	+	Baltimore, Caroline, Charles, Dorchester, Prince George’s, St. Mary’s, and Talbot counties 17
	72	+	where the permission of the shore owner always shall be necessary. 18
	73	+
	74	+	(2) The provisions of this section do not apply to Anne Arundel, Calvert, 19
	75	+	CECIL, Queen Anne’s, Kent, and Somerset counties. 20
	76	+
	77	+	4–717. 21
	78	+
	79	+	[(a)] A person may not [set a pound net or stake net] PLACE POUND NETS OR 22
	80	+	ESTABLISH A HAUL SEINE FISHERY TO CATCH FISH FOR CO MMERCIAL USE in the 23
	81	+	waters of the Susquehanna River in Cecil County. 24
	82	+
	83	+	[(b) Unless the written consent of the owner is first obtained, a person may not set 25
	84	+	any pound net opposite the shore of any owner of land bordering on the waters of the Elk, 26
	85	+	Bohemia or Sassafras rivers and their tributaries, and on the water of the North East River 27
	86	+	from Turkey Point to the River’s Head, or any part of it within the limits of Cecil County. 28
	87	+	A person, unless he is the owner of the fishing shore, may not set a pound net so that it 29
	88	+	obstructs the hauling of any seine on an established fishing shore on these waters. 30
	89	+
	90	+	(c) A person may not catch fish by means of hook and line in the tidal waters of 31
	91	+	the following tributaries of the Chesapeake Bay in Cecil County, Mill Creek, Furnace Bay, 32
	92	+	North East River, Elk River, or Bohemia River two days prior to and extending until the 33
	93	+	closing day of the regular ducking season as promulgated by the Department of Interior of 34
	94	+	the United States. This subsection does not prohibit ice fishing at any time nor catching 35
	95	+	fish by means of hook and line from the shore line, docks, or wharves, or fishing by any 36
	96	+	means on Sundays during the regular ducking season. 37
	97	+	SENATE BILL 900 3
	98	+
	99	+
	100	+	(d) A person may not set any net within 200 yards of the beach on the Turkey 1
	101	+	Point section of Elk Neck State Park. The area that is restricted by this subsection shall be 2
	102	+	set off with buoys by the Department.] 3
	103	+
	104	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4
	105	+	1, 2022. 5
	106	+
	107	+
	108	+
	109	+
	110	+
	111	+
	112	+	Approved:
	113	+	________________________________________________________________________________
	114	+	Governor.
	115	+	________________________________________________________________________________
	116	+	President of the Senate.
	117	+	________________________________________________________________________________
	118	+	Speaker of the House of Delegates.