Maryland 2023 Regular Session

Maryland Senate Bill SB437 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 EXISTING LA W.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0437
6	6
7	7	SENATE BILL 437
8	8	M2 3lr2046
9	9
10	10	By: Senator Klausmeier
11	11	Introduced and read first time: February 2, 2023
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Aquaculture – Tidal Fisheries Advisory Commission, Oyster Advisory 2
19	19	Commission, and Leases 3
20	20
21	21	FOR the purpose of altering the composition of the Tidal Fisheries Advisory Commission 4
22	22	and the Oyster Advisory Commission; requiring the Department of Natural 5
23	23	Resources, in coordination with the Aquaculture Coordinating Council, the 6
24	24	Department of the Environment, the Wetlands Administrator for the Board of Public 7
25	25	Works, and the Department of General Services to identify State–owned land that is 8
26	26	adjacent to certain waterways; requiring the Department of Natural Resources to 9
27	27	coordinate with the U.S. Army Corps of Engineers to preapprove certain land for 10
28	28	aquaculture leasing; requiring the Department of Natural Resources to accelerate 11
29	29	the review of a certain aquaculture lease and the issuance of the lease; altering 12
30	30	provisions of law relating to the notification of, public meetings held for, and survey 13
31	31	of a proposed leased area identified in an application for certain aquaculture leases; 14
32	32	and generally relating to aquaculture. 15
33	33
34	34	BY repealing and reenacting, without amendments, 16
35	35	Article – Natural Resources 17
36	36	Section 4–204(a)(1) and (2) and (c)(1) 18
37	37	Annotated Code of Maryland 19
38	38	(2018 Replacement Volume and 2022 Supplement) 20
39	39
40	40	BY repealing and reenacting, with amendments, 21
41	41	Article – Natural Resources 22
42	42	Section 4–204(a)(3) and (c)(2) and 4–11A–09(g) 23
43	43	Annotated Code of Maryland 24
44	44	(2018 Replacement Volume and 2022 Supplement) 25
45	45
46	46	BY adding to 26
47	47	Article – Natural Resources 27
48	48	Section 4–11A–04 28 2 SENATE BILL 437
49	49
50	50
51	51	Annotated Code of Maryland 1
52	52	(2018 Replacement Volume and 2022 Supplement) 2
53	53
54	54	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND , 3
55	55	That the Laws of Maryland read as follows: 4
56	56
57	57	Article – Natural Resources 5
58	58
59	59	4–204. 6
60	60
61	61	(a) (1) There is a Tidal Fisheries Advisory Commission in the Department. 7
62	62
63	63	(2) The Commission is composed of up to 16 members appointed and 8
64	64	serving in accordance with the procedures adopted under § 1–102(c) of this article. 9
65	65
66	66	(3) (i) The Commission consists of: 10
67	67
68	68	1. Up to [14] 12 commercial watermen; 11
69	69
70	70	2. One member of the Sport Fisheries Advisory Commission; 12
71	71	and 13
72	72
73	73	3. [One representative] THREE REPRESENTATIVES of the 14
74	74	aquaculture industry in the State. 15
75	75
76	76	(ii) The composition of the Commission shall reflect the geographic 16
77	77	regions of the State where the commercial fishing industry is operating. 17
78	78
79	79	(c) (1) There is an Oyster Advisory Commission in the Department. 18
80	80
81	81	(2) (i) On or before April 1, 2020, and subject to subparagraph (ii) of 19
82	82	this paragraph, the Department shall, in coordination with the University of Maryland 20
83	83	Center for Environmental Science, convene the members of the Commission. 21
84	84
85	85	(ii) The Commission shall include only: 22
86	86
87	87	1. [A representative from each county oyster committee 23
88	88	established under § 4–1106(b) of this title designated by the committee] THREE 24
89	89	COMMERCIAL WATERMEN ; 25
90	90
91	91	2. A representative from the Maryland Watermen’s 26
92	92	Association, designated by the Association; 27
93	93
94	94	3. A representative from the Maryland Oystermen’s 28
95	95	Association, designated by the Association; 29
96	96
97	97	4. A representative from the Blacks of the Chesapeake 30 SENATE BILL 437 3
98	98
99	99
100	100	Foundation, designated by the Foundation; 1
101	101
102	102	5. [A representative] THREE REPRESENTATIVES from the 2
103	103	aquaculture industry, designated by the Aquaculture Coordinating Council; 3
104	104
105	105	6. A representative from the commercial seafood buyer 4
106	106	industry, designated by the Secretary; 5
107	107
108	108	7. A representative from the Coastal Conservation 6
109	109	Association of Maryland, designated by the Association; 7
110	110
111	111	8. A representative from the Chesapeake Bay Foundation, 8
112	112	designated by the Foundation; 9
113	113
114	114	9. A representative from the Nature Conservancy, 10
115	115	designated by the Conservancy; 11
116	116
117	117	10. A representative from the ShoreRivers Riverkeeper 12
118	118	Association, designated by the Association; 13
119	119
120	120	11. A representative from the Arundel Rivers Federation, 14
121	121	designated by the Federation; 15
122	122
123	123	12. [A representative from the Oyster Recovery Partnership, 16
124	124	designated by the Partnership; 17
125	125
126	126	13.] A representative from the Chesapeake Bay Commission, 18
127	127	designated by the Chesapeake Bay Commission; 19
128	128
129	129	[14.] 13. A representative from Blue Oyster Environmental, 20
130	130	designated by Blue Oyster Environmental; 21
131	131
132	132	[15. A representative from the Chesapeake BayS avers, 22
133	133	designated by the Chesapeake BaySavers; 23
134	134
135	135	16.] 14. A representative from the National Aquarium, 24
136	136	designated by the National Aquarium; 25
137	137
138	138	[17.] 15. A representative from the University of Maryland 26
139	139	Center for Environmental Science, designated by the Center; and 27
140	140
141	141	[18.] 16. A representative from the Patuxent Environmental 28
142	142	and Aquatic Research Laboratory, Morgan State University, designated by the Research 29
143	143	Laboratory. 30
144	144
145	145	4–11A–04. 31 4 SENATE BILL 437
146	146
147	147
148	148
149	149	(A) THE DEPARTMENT , IN COORDINATION WITH THE AQUACULTURE 1
150	150	COORDINATING COUNCIL, THE DEPARTMENT OF THE ENVIRONMENT , THE 2
151	151	WETLANDS ADMINISTRATOR FOR THE BOARD OF PUBLIC WORKS, AND THE 3
152	152	DEPARTMENT OF GENERAL SERVICES, SHALL IDENTIFY STATE–OWNED LAND THAT 4
153	153	IS ADJACENT TO WATERWAYS THAT: 5
154	154
155	155	(1) COULD SUPPORT AQUACUL TURE IN A MANNER THAT IS 6
156	156	COMPATIBLE WITH THE EXISTING USES OF THE WATERWAY S; AND 7
157	157
158	158	(2) HAVE ENVIRONMENTAL CO NDITIONS THAT COULD SUPPORT THE 8
159	159	CULTIVATION OF BIVAL VE MOLLUSKS . 9
160	160
161	161	(B) THE DEPARTMENT SHALL : 10
162	162
163	163	(1) COORDINATE WITH THE U.S. ARMY CORPS OF ENGINEERS TO 11
164	164	PREAPPROVE FOR AQUACULTURE LEAS ING THE LAND IDENTIFIED UNDE R 12
165	165	SUBSECTION (A) OF THIS SECTION; 13
166	166
167	167	(2) ACCELERATE THE REVIE W OF AN AQUACULTURE LEASE 14
168	168	APPLICATION FOR LAND IDENTIFIED UNDER SUB SECTION (A) OF THIS SECTION; AND 15
169	169
170	170	(3) ACCELERATE THE ISSUAN CE OF AN AQUACULTURE LEASE FOR 16
171	171	LAND IDENTIFIED UNDE R SUBSECTION (A) OF THIS SECTION. 17
172	172
173	173	(C) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 18
174	174	SECTION. 19
175	175
176	176	4–11A–09. 20
177	177
178	178	(g) (1) If an application for a submerged land or water column lease in the 21
179	179	Chesapeake Bay or in the Atlantic Coastal Bays meets the requirements of this subtitle: 22
180	180
181	181	(i) The applicant for the lease shall mark the proposed area with a 23
182	182	stake; and 24
183	183
184	184	(ii) The Department shall: 25
185	185
186	186	1. Advertise the application on the website of the 26
187	187	Department [and once a week for 2 weeks in a newspaper published in the county or 27
188	188	counties where the proposed lease is to be located] WITHIN 30 DAYS AFTER RECEIPT O F 28
189	189	THE COMPLETE APPLICA TION; 29
190	190
191	191	2. Notify the owners of property directly in front of the 30 SENATE BILL 437 5
192	192
193	193
194	194	proposed activity; 1
195	195
196	196	3. Notify each Chair of an Oyster Committee in the county in 2
197	197	which the proposed activity is located; and 3
198	198
199	199	4. Notify other interested parties that the Department 4
200	200	deems appropriate. 5
201	201
202	202	(2) (i) Within 30 days [of publication of the last advertisement] AFTER 6
203	203	THE APPLICATION IS A DVERTISED under paragraph (1) of this subsection, any person 7
204	204	who has a specific right, duty, privilege, or interest that is different from that held by the 8
205	205	general public and may be adversely affected by the proposed lease may file a petition with 9
206	206	the Department protesting the issuance of the lease. 10
207	207
208	208	(ii) The protest shall be heard in accordance with the requirements 11
209	209	of the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government 12
210	210	Article. 13
211	211
212	212	(iii) The Department [shall] MAY hold a public informational 14
213	213	meeting on the issuance of a lease on the request of any person WHO HAS A SPECIFIC 15
214	214	RIGHT, DUTY, PRIVILEGE, OR INTEREST THAT IS DIFFERENT FR OM THAT HELD BY 16
215	215	THE GENERAL PUBLIC . 17
216	216
217	217	(iv) [Immediately] WITHIN 180 DAYS after termination of the 18
218	218	period prescribed in subparagraph (i) of this paragraph for filing a petition or after a final 19
219	219	decision dismissing a protest, the Department shall survey the proposed leased area and 20
220	220	issue a lease to the applicant. 21
221	221
222	222	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
223	223	1, 2023. 23