Maryland 2023 Regular Session

Maryland House Bill HB945 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0945
6	6
7	7	HOUSE BILL 945
8	8	M2 3lr2490
9	9	CF SB 637
10	10	By: Delegates Jacobs, Adams, Arentz, Hornberger, Howard, Hutchinson,
11	11	McComas, T. Morgan, Otto, and Schmidt
12	12	Introduced and read first time: February 10, 2023
13	13	Assigned to: Environment and Transportation
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Tidal Fish Licenses – Oyster Authorizations – Reinstatement 2
20	20
21	21	FOR the purpose of authorizing a person whose authorization to catch oysters is revoked 3
22	22	under certain provisions of law to apply for reinstatement of the authorization after 4
23	23	a certain period of time; requiring the Department of Natural Resources to establish 5
24	24	an Oyster Harvester Education Program; requiring an applicant for reinstatement 6
25	25	of an oyster authorization to successfully complete the Program; and generally 7
26	26	relating to the reinstatement of authorizations to catch oysters. 8
27	27
28	28	BY repealing and reenacting, with amendments, 9
29	29	Article – Natural Resources 10
30	30	Section 4–1210 11
31	31	Annotated Code of Maryland 12
32	32	(2018 Replacement Volume and 2022 Supplement) 13
33	33
34	34	BY adding to 14
35	35	Article – Natural Resources 15
36	36	Section 4–1210.1 16
37	37	Annotated Code of Maryland 17
38	38	(2018 Replacement Volume and 2022 Supplement) 18
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
41	41	That the Laws of Maryland read as follows: 20
42	42
43	43	Article – Natural Resources 21
44	44
45	45	4–1210. 22
46	46
47	47	(a) (1) In addition to any other penalty or fine provided in this title, a person 23
48	48	who holds an authorization to catch oysters under § 4–701 of this title and receives a 24 2 HOUSE BILL 945
49	49
50	50
51	51	citation for an offense listed under paragraph (2) of this subsection may have the 1
52	52	authorization revoked in accordance with this section. 2
53	53
54	54	(2) The following offenses, committed in violation of this title or of any 3
55	55	regulation adopted under this title, are grounds for revocation of an authorization to catch 4
56	56	oysters under this section: 5
57	57
58	58	(i) Taking oysters located more than 200 feet within a closed or 6
59	59	prohibited area; 7
60	60
61	61	(ii) Taking oysters with gear that is prohibited in that area; 8
62	62
63	63	(iii) Taking oysters outside of a time restriction for the harvest of 9
64	64	oysters by more than 1 hour; 10
65	65
66	66	(iv) Taking oysters during closed seasons; and 11
67	67
68	68	(v) Taking oysters from a leased area by a person other than the 12
69	69	leaseholder or the leaseholder’s designee. 13
70	70
71	71	(b) (1) (i) Before the revocation of an authorization to catch oysters under 14
72	72	this section, the Department shall hold a hearing on the matter in accordance with the 15
73	73	Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article. 16
74	74
75	75	(ii) A hearing held under subparagraph (i) of this paragraph shall be 17
76	76	held within 90 days after the cited individual commits the offense listed under subsection 18
77	77	(a)(2) of this section. 19
78	78
79	79	(2) After a hearing is conducted under paragraph (1) of this subsection, if 20
80	80	the presiding officer finds or concludes that the person knowingly has committed an offense 21
81	81	listed under subsection (a)(2) of this section, the Department shall revoke the person’s 22
82	82	authorization to catch oysters. 23
83	83
84	84	(c) A person who is aggrieved by the final decision of the Department may obtain 24
85	85	judicial review of the decision in accordance with the Administrative Procedure Act under 25
86	86	Title 10, Subtitle 2 of the State Government Article. 26
87	87
88	88	(d) A person whose authorization has been revoked in accordance with this 27
89	89	section may not engage or work in the oyster fishery [whether or not it requires the use of 28
90	90	another license] WHILE THE AUTHORIZAT ION IS REVOKED . 29
91	91
92	92	(E) (1) A PERSON WHOSE A UTHORIZATION TO CATC H OYSTERS IS 30
93	93	REVOKED UNDER THIS S ECTION MAY APPLY FOR REINSTATEMENT OF THE 31
94	94	AUTHORIZATION AT ANY TIME AFTER 5 YEARS FROM THE DATE OF REVOCATION . 32
95	95	HOUSE BILL 945 3
96	96
97	97
98	98	(2) THE DEPARTMENT SHALL REQU IRE AN APPLICANT FOR 1
99	99	REINSTATEMENT TO SUCCESSFULLY COMPLETE THE OYSTER HARVESTER 2
100	100	EDUCATION PROGRAM ESTABLISHED UNDER § 4–1210.1 OF THIS SUBTITLE. 3
101	101
102	102	4–1210.1. 4
103	103
104	104	(A) IN THIS SECTION , “PROGRAM” MEANS THE OYSTER HARVESTER 5
105	105	EDUCATION PROGRAM. 6
106	106
107	107	(B) THE DEPARTMENT SHALL ESTABLISH AN OYSTER HARVESTER 7
108	108	EDUCATION PROGRAM TO PROVIDE REHABILITATI ON TO INDIVIDUALS WHOSE 8
109	109	AUTHORIZATIONS TO CA TCH OYSTERS HAVE BEE N REVOKED UNDER § 4–1210 OF 9
110	110	THIS SUBTITLE. 10
111	111
112	112	(C) THE DEPARTMENT SHALL DETE RMINE THE CONTENTS O F THE 11
113	113	PROGRAM. 12
114	114
115	115	(D) THE DEPARTMENT MAY CHARGE A REASONA BLE FEE, BASED ON THE 13
116	116	COST OF OPERATING TH E PROGRAM, TO INDIVIDUALS WHO P ARTICIPATE IN THE 14
117	117	PROGRAM. 15
118	118
119	119	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
120	120	1, 2023. 17