EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0613*
HOUSE BILL 613
M2 4lr2603
By: Delegate Boyce Delegates Boyce, Lehman, and Ruth
Introduced and read first time: January 25, 2024
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 1, 2024
CHAPTER ______
AN ACT concerning 1
Natural Resources – Recreational Catching of Oysters or Clams – Requirements 2
FOR the purpose of altering certain authorizations to recreationally catch clams in the 3
State; establishing a recreational oyster license; requiring the Department of 4
Natural Resources to develop and publish an application form for obtaining a 5
recreational oyster license; establishing requirements for the application for and 6
issuance of a recreational oyster license; authorizing the Department to designate a 7
certain agent to sell a recreational oyster license; authorizing a certain agent to 8
retain a certain amount of money for each recreational oyster license issued by the 9
agent; requiring a recreational oyster licensee to physically possess the license while 10
harvesting or attempting to harvest oysters; prohibiting a recreational oyster 11
licensee from transferring a license; and generally relating to catching oysters and 12
clams in the State. 13
BY repealing and reenacting, without amendments, 14
Article – Natural Resources 15
Section 4–1003 16
Annotated Code of Maryland 17
(2023 Replacement Volume and 2023 Supplement) 18
BY repealing and reenacting, with amendments, 19
Article – Natural Resources 20
Section 4–1004 21
Annotated Code of Maryland 22
(2023 Replacement Volume and 2023 Supplement) 23 2 HOUSE BILL 613
BY adding to 1
Article – Natural Resources 2
Section 4–1004.1 3
Annotated Code of Maryland 4
(2023 Replacement Volume and 2023 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Natural Resources 8
4–1003. 9
Any resident of the State may catch oysters or clams on any area in the waters of the 10
State from which catching oysters or clams is permitted under the provisions of this 11
subtitle. This section applies to catching oysters or clams by rakes, tongs, patent tongs, 12
dredges, handscrapes, or by other means permitted by law for the particular area. This 13
section applies also to catching clams by hydraulic or mechanical dredges or rigs permitted 14
by law for the particular area. This section does not affect any provision of this subtitle 15
concerning the licensing or regulation of catching oysters or clams, except as specifically 16
provided in this section. 17
4–1004. 18
(a) (1) A resident may catch [up to 1 bushel each of oysters and] clams [a day 19
for the person’s own use and consumption without a license, in places and at times 20
prescribed by regulation of] IN ACCORDANCE WITH R EGULATIONS ADOPTED B Y the 21
Department. 22
(2) A nonresident may catch in the tidal bays of Worcester County [up to 1 23
bushel of] hard clams [per day] for the nonresident’s own use and consumption IN 24
ACCORDANCE WITH REGU LATIONS ADOPTED BY T HE DEPARTMENT . 25
(b) Only a resident of the State may obtain a license to catch [oysters]: 26
(1) OYSTERS or clams for commercial purposes in the waters of the State; 27
OR 28
(2) OYSTERS FOR RECREATIO NAL PURPOSES IN THE WATE RS OF THE 29
STATE. 30
4–1004.1. 31
(A) THERE IS A RECREATION AL OYSTER LICENSE . 32
HOUSE BILL 613 3
(B) A PERSON AT LEAST 16 YEARS OLD SHALL SECU RE A RECREATIONAL 1
OYSTER LICENSE TO HA RVEST OYSTERS IN THE TIDAL WATERS OF THE STATE. 2
(C) (1) THE DEPARTMENT SHALL DEVE LOP AND PUBLISH AN 3
APPLICATION FORM FOR OBTAINING A RECREATI ONAL OYSTER LICENSE . 4
(2) (I) TO OBTAIN A RECREATIO NAL OYSTER LICENSE T O HARVEST 5
OYSTERS IN THE WATER S OF THE STATE, A STATE RESIDENT AT LEA ST 16 YEARS OLD 6
SHALL SUBMIT TO THE DEPARTMENT AN APPLICA TION USING THE FORM 7
DEVELOPED AND PUBLIS HED BY THE DEPARTMENT . 8
(II) THE APPLICATION SHALL INCLUDE: 9
1. THE LAST FOUR DIGITS OF THE APPLICANT ’S SOCIAL 10
SECURITY NUMBER , IF THE APPLICANT HAS A SOCIAL SECURITY NUMBER ; 11
2. PAYMENT OF A $10 APPLICATION FEE ; AND 12
3. ANY OTHER INFORMATION REQUESTED BY THE 13
DEPARTMENT . 14
(III) THE DEPARTMENT SHALL USE A PORTION, AS DETERMINED 15
BY THE DEPARTMENT , OF THE APPLICATION F EE COLLECTED UNDER T HIS 16
PARAGRAPH TO REPLENI SH PUBLIC FIS HERY OYSTER BARS BY PLANTING SHELL 17
AND JUVENILE OYSTERS . 18
(3) AN APPLICANT MAY NOT WILLFULLY MAKE A FAL SE STATEMENT 19
OR REPRESENTATION TO THE DEPARTMENT ON THE APP LICATION. 20
(D) (1) A RECREATIONAL OYSTER LICENSE MAY BE ISSUE D BY AN 21
AUTHORIZED AGENT OF THE DEPARTMENT . 22
(2) THE DEPARTMENT MAY DESIGN ATE A PERSON ENGAGED IN A 23
COMMERCIAL ENTERPRIS E AS AN AGENT TO SEL L RECREATIONAL OYSTE R 24
LICENSES. 25
(3) AN AGENT MAY RETAIN 50 CENTS FOR EACH RECRE ATIONAL 26
OYSTER LICENSE ISSUE D BY THE AGENT. 27
(E) A LICENSEE SHALL PHYSI CALLY POSSESS THE LI CENSE WHILE 28
HARVESTING OR ATTEMP TING TO HARVEST OYST ERS. 29
(F) (1) A RECREATIONAL OYSTER LICENSE SHALL BE VAL ID FOR 1 YEAR 30
FOLLOWING THE DATE O F ISSUANCE. 31 4 HOUSE BILL 613
(2) A LICENSEE MAY NOT TRA NSFER A RECREATIONAL OYSTER 1
LICENSE. 2
(G) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT THIS 3
SECTION. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2024. 6
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.