EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0492*
SENATE BILL 492
M2 3lr2509
CF 3lr2499
By: Senators Carozza, Hershey, Mautz, and Bailey
Introduced and read first time: February 3, 2023
Assigned to: Education, Energy, and the Environment
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 FO R 21
OYSTERS TO BE IMPLEM ENTED BY THE DEPARTMENT . 22
(B) THE PILOT PROGRAM SHA LL APPLY TO TWO DESI GNATED AREAS OF THE 23
CHESAPEAKE BAY, AS FOLLOWS: 24 2 SENATE BILL 492
(1) THE LITTLE CHOPTANK ROTATIONAL HARVEST AREA, WHICH 1
CONSISTS OF ALL OF T HE WATERS OF THE LITTLE CHOPTANK RIVER UPSTREAM OF 2
A LINE BEGINNING AT A POINT ON THE SHORE OF SUSQUEHANNA POINT DEFINED 3
BY LATITUDE 38 DEGREES 30.642 MINUTES NORTH , LONGITUDE 76 DEGREES 4
15.492 MINUTES WEST ; THEN RUNNING 329 DEGREES TRUE TO A PO INT ON SHORE 5
AT THE SOUTH END OF RAGGED POINT ISLAND, DEFINED BY LATITUDE 38 DEGREES 6
31.886 MINUTES NORTH , LONGITUDE 76 DEGREES 16.440 MINUTES WEST ; AND 7
(2) THE LOWER MAIN STEM CHESAPEAKE BAY ROTATIONAL 8
HARVEST AREA, WHICH CONSISTS OF AL L OF THE WATERS OF T HE AREA ENCLOSED 9
BY A LINE BEGINNING AT A POINT DEFINED B Y LATITUDE 37 DEGREES 58.800 10
MINUTES NORTH , LONGITUDE 76 DEGREES 4.680 MINUTES WEST ; THEN RUNNING 11
283 DEGREES TRUE TO A PO INT DEFINED BY LATITUDE 37 DEGREES 59.798 12
MINUTES NORTH , LONGITUDE 76 DEGREES 9.965 MINUTES WEST ; THEN RUNNING 13
342 DEGREES TRUE TO A PO INT DEFINED BY LATITUDE 38 DEGREES 8.366 MINUTES 14
NORTH, LONGITUDE 76 DEGREES 13.580 MINUTES WEST; THEN RUNNING 81 15
DEGREES TRUE TO A PO INT DEFINED BY LATITUDE 38 DEGREES 9.181 MINUTES 16
NORTH, LONGITUDE 76 DEGREES 6.720 MINUTES WEST ; THEN RUNNING 171 17
DEGREES TRUE TO THE POINT OF BEGINNING . 18
(C) (1) THE DEPARTMENT SHALL OPEN THE FOLLOWING AREAS OF THE 19
LITTLE CHOPTANK RIVER ROTATIONAL HARVEST AREA IN THE FOLLOWING 20
SEASONS: 21
(I) FOR THE 2023–2024 OYSTER SEASON , BROOKS CREEK AND 22
HUDSON CREEK; 23
(II) FOR THE 2024–2025 OYSTER SEASON , PHILLIPS CREEK 24
AND BECKWITH CREEK; 25
(III) FOR THE 2025–2026 OYSTER SEASON , WOOLFORD CREEK 26
AND MADISON BAY; 27
(IV) FOR THE 2026–2027 OYSTER SEASON , BROOKS CREEK AND 28
HUDSON CREEK; AND 29
(V) FOR THE 2027–2028 OYSTER SEASON , PHILLIPS CREEK 30
AND BECKWITH CREEK. 31
(2) OF THE THREE OYSTER B ARS LOCATED WITHIN T HE LOWER MAIN 32
STEM CHESAPEAKE BAY ROTATIONAL HARVEST AREA, THE DEPARTMENT IN ITS 33
DISCRETION SHALL : 34 SENATE BILL 492 3
(I) OPEN ONE DIFFERENT OY STER BAR FOR EACH OF THE 1
2023–2024, 2024–2025, AND 2025–2026 OYSTER SEASONS ; 2
(II) REOPEN THE SAME OYSTE R BAR FOR THE 2026–2027 3
OYSTER SEASON THAT IT HAD OPENED FOR THE 2023–2024 OYSTER SEASON ; AND 4
(III) REOPEN THE SAME OYSTE R BAR FOR THE 2027–2028 5
OYSTER SEASON THAT I T HAD OPENED FOR THE 2024–2025 OYSTER SEASON . 6
(D) (1) A TIDAL FISH LICENSEE WHO HOLDS AN OYSTER AUTHORIZATION 7
MAY CATCH OYSTERS IN ARE AS OF THE LITTLE CHOPTANK RIVER ROTATIONAL 8
HARVEST AREA AND THE LOWER MAIN STEM CHESAPEAKE BAY ROTATIONAL 9
HARVEST AREA THAT ARE OPEN FO R HARVEST. 10
(2) A TIDAL FISH LICENSEE WHO CATCHES OYSTERS UNDER THE 11
PILOT PROGRAM SHALL ENSURE THAT THE OYSTER SHELLS AR E REPLACED ON THE 12
BAR WHERE THEY WERE CAUGHT IN AN AMOUNT OF BUSHELS EQUAL TO THE 13
AMOUNT OF BUSHELS OF OYSTERS CAUGHT . 14
(E) UNDER THE PILOT PROGR AM, THE DEPARTMENT : 15
(1) SHALL, IN ITS DISCRETION, MANAGE THE OYSTER HA RVEST; AND 16
(2) MAY: 17
(I) ADJUST CATCH LIMITS ; 18
(II) LIMIT THE HOURS AND D AYS FOR HARVEST ; AND 19
(III) RESTRICT THE GEAR THA T MAY BE USED. 20
(F) (1) BEFORE OPENING AN ARE A TO OYSTER HARVESTI NG UNDER THE 21
PILOT PROGRAM , THE DEPARTMENT SHALL SURV EY AND INVESTIGATE THE AREA 22
TO COLLECT BASELINE DATA ON: 23
(I) WATER QUALITY; 24
(II) HABITAT QUALITY , INCLUDING THE PRESEN CE OF FINFISH 25
SPECIES AND OTHER SH ELLFISH SPECIES ; 26
(III) THE PRESENCE OF : 27
4 SENATE BILL 492
1. SILT AND SEDIMENT ON THE OYSTER BAR ; 1
2. SUBMERGED AQUATIC VEGETATION ON OR NEA R THE 2
OYSTER BAR; AND 3
3. DISEASED OR DEAD OYST ERS ON THE OYSTER BA R; 4
AND 5
(IV) ANY OTHER RELEVANT MA TTER IN THE DISCRETI ON OF THE 6
DEPARTMENT . 7
(2) AFTER CLOSING AN AREA IN THE ROTATIONAL HA RVEST AREAS 8
TO OYSTER HARVESTING UNDER THE PILOT PROGRAM , THE DEPARTMENT SHALL 9
CONTINUE TO MONITOR THE AREA TO COLLECT ADDITIONAL DATA ON T HE MATTERS 10
DESCRIBED IN PARAGRA PH (1) OF THIS SUBSECTION . 11
(G) ON OR BEFORE DECEMBER 1, 2028, THE DEPARTMENT SHALL REPO RT 12
TO THE GOVERNOR AND , IN ACCORDA NCE WITH § 2–1257 OF THE STATE 13
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON ITS FINDI NGS AND 14
RECOMMENDATIONS UNDE R THE PILOT PROGRAM . 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
1, 2023. It shall remain effective for a period of 6 years and, at the end of June 30, 2029, 17
this Act, with no further action required by the General Assembly, shall be abrogated and 18
of no further force and effect. 19