Maryland § 4-1004.1

§ 4-1004.1.

    (a)    In this section, “former prisoner of war” means an individual who, while serving in the active military, naval, or air service of the United States, was forcibly detained or interned in the line of duty by an enemy government or its agents, or a hostile force, during a period of armed conflict.

    (b)    There is a recreational oyster license.

    (c)    Except as provided in subsection (f) of this section, a person at least 16 years old shall secure a recreational oyster license to harvest oysters in the tidal waters of the State.

    (d)    (1)    The Department shall develop and publish an application form for obtaining a recreational oyster license.

        (2)    (i)    Except as provided in subsection (f) of this section, to obtain a recreational oyster license to harvest oysters in the waters of the State, a State resident at least 16 years old shall submit to the Department an application using the form developed and published by the Department.

            (ii)    The application shall include:

                1.    The last four digits of the applicant’s Social Security number, if the applicant has a Social Security number;

                2.    Payment of a $10 application fee; and

                3.    Any other information requested by the Department.

            (iii)    The Department shall use a portion, as determined by the Department, of the application fee collected under this paragraph to replenish public fishery oyster bars by planting shell and juvenile oysters.

        (3)    An applicant may not willfully make a false statement or representation to the Department on the application.

    (e)    (1)    (i)    A recreational oyster license may be issued by an authorized agent of the Department.

            (ii)    The Department may designate a person engaged in a commercial enterprise as an agent to sell recreational oyster licenses.

            (iii)    An agent may retain 50 cents for each recreational oyster license issued by the agent.

        (2)    The Department shall issue a complimentary recreational oyster license to a resident of the State who certifies that the resident is:

            (i)    A former prisoner of war;

            (ii)    An American veteran who is determined to be unemployable by the U.S. Department of Veterans Affairs;

            (iii)    A 100% service–connected disabled American veteran; or

            (iv)    Blind.

        (3)    The Department shall:

            (i)    Issue a discounted recreational oyster license to a resident of the State who is a recipient of the Purple Heart Award; and

            (ii)    Determine the cost of the discounted application fee.

    (f)    (1)    Subject to paragraph (2) of this subsection, an individual may catch oysters without a recreational oyster license if the individual:

            (i)    Owns or leases property bordering tidal waters of the State; or

            (ii)    1.    Is the spouse or immediate family member of the individual under item (i) of this paragraph; and

                2.    Resides on the property owned or leased under item (i) of this paragraph.

        (2)    (i)    Before an individual may catch oysters in accordance with this subsection, the individual shall:

                1.    Register with the Department; and

                2.    Provide all information requested by the Department.

            (ii)    The Department may not establish a fee to register under this paragraph.

    (g)    A licensee shall physically possess the license while harvesting or attempting to harvest oysters.

    (h)    (1)    A recreational oyster license shall be valid for 1 year following the date of issuance.

        (2)    A licensee may not transfer a recreational oyster license.

    (i)    The Department may adopt regulations to implement this section.