EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*sb0437*
SENATE BILL 437
M2 3lr2046
By: Senator Klausmeier
Introduced and read first time: February 2, 2023
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Aquaculture – Tidal Fisheries Advisory Commission, Oyster Advisory 2
Commission, and Leases 3
FOR the purpose of altering the composition of the Tidal Fisheries Advisory Commission 4
and the Oyster Advisory Commission; requiring the Department of Natural 5
Resources, in coordination with the Aquaculture Coordinating Council, the 6
Department of the Environment, the Wetlands Administrator for the Board of Public 7
Works, and the Department of General Services to identify State–owned land that is 8
adjacent to certain waterways; requiring the Department of Natural Resources to 9
coordinate with the U.S. Army Corps of Engineers to preapprove certain land for 10
aquaculture leasing; requiring the Department of Natural Resources to accelerate 11
the review of a certain aquaculture lease and the issuance of the lease; altering 12
provisions of law relating to the notification of, public meetings held for, and survey 13
of a proposed leased area identified in an application for certain aquaculture leases; 14
and generally relating to aquaculture. 15
BY repealing and reenacting, without amendments, 16
Article – Natural Resources 17
Section 4–204(a)(1) and (2) and (c)(1) 18
Annotated Code of Maryland 19
(2018 Replacement Volume and 2022 Supplement) 20
BY repealing and reenacting, with amendments, 21
Article – Natural Resources 22
Section 4–204(a)(3) and (c)(2) and 4–11A–09(g) 23
Annotated Code of Maryland 24
(2018 Replacement Volume and 2022 Supplement) 25
BY adding to 26
Article – Natural Resources 27
Section 4–11A–04 28 2 SENATE BILL 437
Annotated Code of Maryland 1
(2018 Replacement Volume and 2022 Supplement) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND , 3
That the Laws of Maryland read as follows: 4
Article – Natural Resources 5
4–204. 6
(a) (1) There is a Tidal Fisheries Advisory Commission in the Department. 7
(2) The Commission is composed of up to 16 members appointed and 8
serving in accordance with the procedures adopted under § 1–102(c) of this article. 9
(3) (i) The Commission consists of: 10
1. Up to [14] 12 commercial watermen; 11
2. One member of the Sport Fisheries Advisory Commission; 12
and 13
3. [One representative] THREE REPRESENTATIVES of the 14
aquaculture industry in the State. 15
(ii) The composition of the Commission shall reflect the geographic 16
regions of the State where the commercial fishing industry is operating. 17
(c) (1) There is an Oyster Advisory Commission in the Department. 18
(2) (i) On or before April 1, 2020, and subject to subparagraph (ii) of 19
this paragraph, the Department shall, in coordination with the University of Maryland 20
Center for Environmental Science, convene the members of the Commission. 21
(ii) The Commission shall include only: 22
1. [A representative from each county oyster committee 23
established under § 4–1106(b) of this title designated by the committee] THREE 24
COMMERCIAL WATERMEN ; 25
2. A representative from the Maryland Watermen’s 26
Association, designated by the Association; 27
3. A representative from the Maryland Oystermen’s 28
Association, designated by the Association; 29
4. A representative from the Blacks of the Chesapeake 30 SENATE BILL 437 3
Foundation, designated by the Foundation; 1
5. [A representative] THREE REPRESENTATIVES from the 2
aquaculture industry, designated by the Aquaculture Coordinating Council; 3
6. A representative from the commercial seafood buyer 4
industry, designated by the Secretary; 5
7. A representative from the Coastal Conservation 6
Association of Maryland, designated by the Association; 7
8. A representative from the Chesapeake Bay Foundation, 8
designated by the Foundation; 9
9. A representative from the Nature Conservancy, 10
designated by the Conservancy; 11
10. A representative from the ShoreRivers Riverkeeper 12
Association, designated by the Association; 13
11. A representative from the Arundel Rivers Federation, 14
designated by the Federation; 15
12. [A representative from the Oyster Recovery Partnership, 16
designated by the Partnership; 17
13.] A representative from the Chesapeake Bay Commission, 18
designated by the Chesapeake Bay Commission; 19
[14.] 13. A representative from Blue Oyster Environmental, 20
designated by Blue Oyster Environmental; 21
[15. A representative from the Chesapeake BayS avers, 22
designated by the Chesapeake BaySavers; 23
16.] 14. A representative from the National Aquarium, 24
designated by the National Aquarium; 25
[17.] 15. A representative from the University of Maryland 26
Center for Environmental Science, designated by the Center; and 27
[18.] 16. A representative from the Patuxent Environmental 28
and Aquatic Research Laboratory, Morgan State University, designated by the Research 29
Laboratory. 30
4–11A–04. 31 4 SENATE BILL 437
(A) THE DEPARTMENT , IN COORDINATION WITH THE AQUACULTURE 1
COORDINATING COUNCIL, THE DEPARTMENT OF THE ENVIRONMENT , THE 2
WETLANDS ADMINISTRATOR FOR THE BOARD OF PUBLIC WORKS, AND THE 3
DEPARTMENT OF GENERAL SERVICES, SHALL IDENTIFY STATE–OWNED LAND THAT 4
IS ADJACENT TO WATERWAYS THAT: 5
(1) COULD SUPPORT AQUACUL TURE IN A MANNER THAT IS 6
COMPATIBLE WITH THE EXISTING USES OF THE WATERWAY S; AND 7
(2) HAVE ENVIRONMENTAL CO NDITIONS THAT COULD SUPPORT THE 8
CULTIVATION OF BIVAL VE MOLLUSKS . 9
(B) THE DEPARTMENT SHALL : 10
(1) COORDINATE WITH THE U.S. ARMY CORPS OF ENGINEERS TO 11
PREAPPROVE FOR AQUACULTURE LEAS ING THE LAND IDENTIFIED UNDE R 12
SUBSECTION (A) OF THIS SECTION; 13
(2) ACCELERATE THE REVIE W OF AN AQUACULTURE LEASE 14
APPLICATION FOR LAND IDENTIFIED UNDER SUB SECTION (A) OF THIS SECTION; AND 15
(3) ACCELERATE THE ISSUAN CE OF AN AQUACULTURE LEASE FOR 16
LAND IDENTIFIED UNDE R SUBSECTION (A) OF THIS SECTION. 17
(C) THE DEPARTMENT MAY ADOPT REGULATIONS TO CARRY OUT THIS 18
SECTION. 19
4–11A–09. 20
(g) (1) If an application for a submerged land or water column lease in the 21
Chesapeake Bay or in the Atlantic Coastal Bays meets the requirements of this subtitle: 22
(i) The applicant for the lease shall mark the proposed area with a 23
stake; and 24
(ii) The Department shall: 25
1. Advertise the application on the website of the 26
Department [and once a week for 2 weeks in a newspaper published in the county or 27
counties where the proposed lease is to be located] WITHIN 30 DAYS AFTER RECEIPT O F 28
THE COMPLETE APPLICA TION; 29
2. Notify the owners of property directly in front of the 30 SENATE BILL 437 5
proposed activity; 1
3. Notify each Chair of an Oyster Committee in the county in 2
which the proposed activity is located; and 3
4. Notify other interested parties that the Department 4
deems appropriate. 5
(2) (i) Within 30 days [of publication of the last advertisement] AFTER 6
THE APPLICATION IS A DVERTISED under paragraph (1) of this subsection, any person 7
who has a specific right, duty, privilege, or interest that is different from that held by the 8
general public and may be adversely affected by the proposed lease may file a petition with 9
the Department protesting the issuance of the lease. 10
(ii) The protest shall be heard in accordance with the requirements 11
of the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government 12
Article. 13
(iii) The Department [shall] MAY hold a public informational 14
meeting on the issuance of a lease on the request of any person WHO HAS A SPECIFIC 15
RIGHT, DUTY, PRIVILEGE, OR INTEREST THAT IS DIFFERENT FR OM THAT HELD BY 16
THE GENERAL PUBLIC . 17
(iv) [Immediately] WITHIN 180 DAYS after termination of the 18
period prescribed in subparagraph (i) of this paragraph for filing a petition or after a final 19
decision dismissing a protest, the Department shall survey the proposed leased area and 20
issue a lease to the applicant. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
1, 2023. 23