EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb0932*
HOUSE BILL 932
M2 3lr2499
CF SB 492
By: Delegates Jacobs, Adams, Anderton, Arentz, Hornberger, Howard,
Hutchinson, Kipke, McComas, T. Morgan, Otto, and Schmidt
Introduced and read first time: February 10, 2023
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Oysters – Rotational Harvest – Pilot Program 2
FOR the purpose of establishing a rotational harvest pilot program for oysters to be 3
implemented by the Department of Natural Resources; requiring the Department to 4
open certain areas of the Chesapeake Bay to the rotational harvest of oysters in 5
certain manners; requiring a certain replacement of oyster shells on the bar where 6
they were caught under the pilot program; requiring the Department, before opening 7
an area to oyster harvesting under the pilot program, to survey and investigate the 8
area to collect certain baseline data and, after closing the area, to continue to monitor 9
the area to collect certain additional data; and generally relating to a rotational 10
harvest pilot program for oysters. 11
BY adding to 12
Article – Natural Resources 13
Section 4–1011 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2022 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Natural Resources 19
4–1011. 20
(A) THERE IS A 5–YEAR ROTATIONAL HARV EST PILOT PROGRAM FOR 21
OYSTERS TO BE IMPLEMENTED BY TH E DEPARTMENT . 22
2 HOUSE BILL 932
(B) THE PILOT PROGRAM SHA LL APPLY TO TWO DESI GNATED AREAS OF THE 1
CHESAPEAKE BAY, AS FOLLOWS: 2
(1) THE LITTLE CHOPTANK ROTATIONAL HARVEST AREA, WHICH 3
CONSISTS OF ALL OF THE WATERS OF THE LITTLE CHOPTANK RIVER UPSTREAM OF 4
A LINE BEGINNING AT A POINT ON THE SHORE OF SUSQUEHANNA POINT DEFINED 5
BY LATITUDE 38 DEGREES 30.642 MINUTES NORTH, LONGITUDE 76 DEGREES 6
15.492 MINUTES WEST; THEN RUNNING 329 DEGREES TRUE TO A POINT ON SHORE 7
AT THE SOUTH END OF RAGGED POINT ISLAND, DEFINED BY LATITUDE 38 DEGREES 8
31.886 MINUTES NORTH, LONGITUDE 76 DEGREES 16.440 MINUTES WEST; AND 9
(2) THE LOWER MAIN STEM CHESAPEAKE BAY ROTATIONAL 10
HARVEST AREA, WHICH CONSISTS OF ALL OF THE WATERS OF THE AREA ENCLOSED 11
BY A LINE BEGINNING AT A POINT DEFINED B Y LATITUDE 37 DEGREES 58.800 12
MINUTES NORTH, LONGITUDE 76 DEGREES 4.680 MINUTES WEST; THEN RUNNING 13
283 DEGREES TRUE TO A POINT DEFIN ED BY LATITUDE 37 DEGREES 59.798 14
MINUTES NORTH, LONGITUDE 76 DEGREES 9.965 MINUTES WEST; THEN RUNNING 15
342 DEGREES TRUE TO A POINT DEFIN ED BY LATITUDE 38 DEGREES 8.366 MINUTES 16
NORTH, LONGITUDE 76 DEGREES 13.580 MINUTES WEST; THEN RUNNING 81 17
DEGREES TRUE TO A POINT DEFIN ED BY LATITUDE 38 DEGREES 9.181 MINUTES 18
NORTH, LONGITUDE 76 DEGREES 6.720 MINUTES WEST; THEN RUNNING 171 19
DEGREES TRUE TO THE POINT OF BEGINNING. 20
(C) (1) THE DEPARTMENT SHALL OPEN THE FOLLOWING AREAS OF T HE 21
LITTLE CHOPTANK RIVER ROTATIONAL HARVEST AREA IN THE FOLLOWING 22
SEASONS: 23
(I) FOR THE 2023–2024 OYSTER SEASON , BROOKS CREEK AND 24
HUDSON CREEK; 25
(II) FOR THE 2024–2025 OYSTER SEASON , PHILLIPS CREEK 26
AND BECKWITH CREEK; 27
(III) FOR THE 2025–2026 OYSTER SEASON , WOOLFORD CREEK 28
AND MADISON BAY; 29
(IV) FOR THE 2026–2027 OYSTER SEASON, BROOKS CREEK AND 30
HUDSON CREEK; AND 31
(V) FOR THE 2027–2028 OYSTER SEASON , PHILLIPS CREEK 32
AND BECKWITH CREEK. 33
HOUSE BILL 932 3
(2) OF THE THREE OYSTER B ARS LOCATED WITHIN T HE LOWER MAIN 1
STEM CHESAPEAKE BAY ROTATIONAL HARVEST AREA, THE DEPARTMENT IN ITS 2
DISCRETION SHALL: 3
(I) OPEN ONE DIFFERENT OYSTER BAR FOR EACH OF THE 4
2023–2024, 2024–2025, AND 2025–2026 OYSTER SEASONS ; 5
(II) REOPEN THE SAME OYSTER BAR FOR THE 2026–2027 6
OYSTER SEASON THAT I T HAD OPENED FOR THE 2023–2024 OYSTER SEASON ; AND 7
(III) REOPEN THE SAME OYSTE R BAR FOR THE 2027–2028 8
OYSTER SEASON THAT I T HAD OPENED FOR THE 2024–2025 OYSTER SEASON . 9
(D) (1) A TIDAL FISH LICENSEE WHO HOLDS AN OYSTER AUTHORIZATION 10
MAY CATCH OYSTERS IN AREAS OF THE LITTLE CHOPTANK RIVER ROTATIONAL 11
HARVEST AREA AND THE LOWER MAIN STEM CHESAPEAKE BAY ROTATIONAL 12
HARVEST AREA THAT ARE OPEN FO R HARVEST. 13
(2) A TIDAL FISH LICENSEE WHO CATCHES OYSTERS UNDER THE 14
PILOT PROGRAM SHALL ENSURE THAT THE OYSTER SHELLS ARE RE PLACED ON THE 15
BAR WHERE THEY WERE CAUGHT IN AN AMOUNT OF BUSHELS EQUAL TO THE 16
AMOUNT OF BUSHELS OF OYSTERS CAUGHT. 17
(E) UNDER THE PILOT PROGR AM, THE DEPARTMENT : 18
(1) SHALL, IN ITS DISCRETION, MANAGE THE OYSTER HA RVEST; AND 19
(2) MAY: 20
(I) ADJUST CATCH LIMITS ; 21
(II) LIMIT THE HOURS AND D AYS FOR HARVEST ; AND 22
(III) RESTRICT THE GEAR THA T MAY BE USED. 23
(F) (1) BEFORE OPENING AN AREA TO OYSTER HARVESTING UN DER THE 24
PILOT PROGRAM , THE DEPARTMENT SHALL SURV EY AND INVESTIGATE THE AREA 25
TO COLLECT BASELINE DATA ON: 26
(I) WATER QUALITY; 27
(II) HABITAT QUALITY , INCLUDING THE PRESENCE OF FINF ISH 28
SPECIES AND OTHER SH ELLFISH SPECIES ; 29 4 HOUSE BILL 932
(III) THE PRESENCE OF : 1
1. SILT AND SEDIMENT ON THE OYSTER BAR ; 2
2. SUBMERGED AQUATIC VEG ETATION ON OR NEAR THE 3
OYSTER BAR; AND 4
3. DISEASED OR DEAD OYST ERS ON THE OYSTER BA R; 5
AND 6
(IV) ANY OTHER RELEVANT MA TTER IN THE DISCRETI ON OF THE 7
DEPARTMENT . 8
(2) AFTER CLOSING AN AREA IN THE ROTATIONAL HA RVEST AREAS 9
TO OYSTER HARVESTING UNDER THE PILOT PROGRAM , THE DEPARTMENT SHALL 10
CONTINUE TO MONITOR THE AREA TO COLLECT ADDITIONAL DATA ON THE MATTERS 11
DESCRIBED IN PARAGRA PH (1) OF THIS SUBSECTION . 12
(G) ON OR BEFORE DECEMBER 1, 2028, THE DEPARTMENT SHALL REPO RT 13
TO THE GOVERNOR AND , IN ACCORDANC E WITH § 2–1257 OF THE STATE 14
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON ITS FINDI NGS AND 15
RECOMMENDATIONS UNDE R THE PILOT PROGRAM . 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 17
1, 2023. It shall remain effective for a period of 6 years and, at the end of June 30, 2029, 18
this Act, with no further action required by the General Assembly, shall be abrogated and 19
of no further force and effect. 20