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.
Italics indicate opposite chamber/conference committee amendments.
*hb0613*
HOUSE BILL 613
M2 (4lr2603)
ENROLLED BILL
— Environment and Transportation/Education, Energy, and the Environment —
Introduced by Delegate Boyce Delegates Boyce, Lehman, and Ruth
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval th is
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
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 the Department to issue complimentary or discounted recreational 10
oyster licenses to certain individuals; authorizing certain individuals to catch oysters 11
without a recreational oyster license under certain circumstances and subject to 12
certain requirements; requiring a recreational oyster licensee to physically possess 13
the license while harvesting or attempting to harvest oysters; prohibiting a 14 2 HOUSE BILL 613
recreational oyster licensee from transferring a license; and generally relating to 1
catching oysters and clams in the State. 2
BY repealing and reenacting, without amendments, 3
Article – Natural Resources 4
Section 4–1003 5
Annotated Code of Maryland 6
(2023 Replacement Volume and 2023 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Natural Resources 9
Section 4–1004 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2023 Supplement) 12
BY adding to 13
Article – Natural Resources 14
Section 4–1004.1 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2023 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Natural Resources 20
4–1003. 21
Any resident of the State may catch oysters or clams on any area in the waters of the 22
State from which catching oysters or clams is permitted under the provisions of this 23
subtitle. This section applies to catching oysters or clams by rakes, tongs, patent tongs, 24
dredges, handscrapes, or by other means permitted by law for the particular area. This 25
section applies also to catching clams by hydraulic or mechanical dredges or rigs permitted 26
by law for the particular area. This section does not affect any provision of this subtitle 27
concerning the licensing or regulation of catching oysters or clams, except as specifically 28
provided in this section. 29
4–1004. 30
(a) (1) A resident may catch [up to 1 bushel each of oysters and] clams [a day 31
for the person’s own use and consumption without a license, in places and at times 32
prescribed by regulation of] IN ACCORDANCE WITH R EGULATIONS ADOPTED B Y the 33
Department. 34
HOUSE BILL 613 3
(2) A nonresident may catch in the tidal bays of Worcester County [up to 1 1
bushel of] hard clams [per day] for the nonresident’s own use and consumption IN 2
ACCORDANCE WITH REGU LATIONS ADOPTED BY T HE DEPARTMENT . 3
(b) Only a resident of the State may obtain a license to catch [oysters]: 4
(1) OYSTERS or clams for commercial purposes in the waters of the State; 5
OR 6
(2) OYSTERS FOR RECREATIO NAL PURPOSES IN THE WATERS OF THE 7
STATE. 8
4–1004.1. 9
(A) IN THIS SECTION, “FORMER PRISONER OF W AR” MEANS AN INDIVIDUAL 10
WHO, WHILE SERVING IN THE ACTIVE MILITARY , NAVAL, OR AIR SERVICE OF TH E 11
UNITED STATES, WAS FORCIBLY DETAINE D OR INTERNED IN THE LINE OF DUTY BY 12
AN ENEMY GOVERNMENT OR ITS AGENTS, OR A HOSTILE FORCE , DURING A PERIOD 13
OF ARMED CONFLICT . 14
(B) THERE IS A RECREATION AL OYSTER LICENSE . 15
(B) (C) A EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , A 16
PERSON AT LEAST 16 YEARS OLD SHALL SECU RE A RECREATIONAL OY STER LICENSE 17
TO HARVEST OYSTERS I N THE TIDAL WATERS O F THE STATE. 18
(C) (D) (1) THE DEPARTMENT SHALL DEVE LOP AND PUBLISH AN 19
APPLICATION FORM FOR OBTAINING A RECREATI ONAL OYSTER LICENSE . 20
(2) (I) TO EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS 21
SECTION, TO OBTAIN A RECREATIONA L OYSTER LICENSE TO HARVEST OYSTERS IN 22
THE WATERS OF THE STATE, A STATE RESIDENT AT LEA ST 16 YEARS OLD SHALL 23
SUBMIT TO THE DEPARTMENT AN APPLICA TION USING THE FORM DEVELOPED AND 24
PUBLISHED BY THE DEPARTMENT . 25
(II) THE APPLICATION SHALL INCLUDE: 26
1. THE LAST FOUR DIGITS OF THE APPLICANT ’S SOCIAL 27
SECURITY NUMBER, IF THE APPLICANT HAS A SOCIAL SECURITY NUMBER ; 28
2. PAYMENT OF A $10 APPLICATION FEE ; AND 29
3. ANY OTHER INFORMATION REQUESTED BY THE 30
DEPARTMENT . 31 4 HOUSE BILL 613
(III) THE DEPARTMENT SHALL USE A PORTION, AS DETERMINED 1
BY THE DEPARTMENT , OF THE APPLICATIO N FEE COLLECTED UNDE R THIS 2
PARAGRAPH TO REPLENI SH PUBLIC FISHERY OY STER BARS BY PLANTIN G SHELL 3
AND JUVENILE OYSTERS . 4
(3) AN APPLICANT MAY NOT WILLFULLY MAKE A FAL SE STATEMENT 5
OR REPRESENTATION TO THE DEPARTMENT ON THE APP LICATION. 6
(D) (E) (1) (I) A RECREATIONAL OYSTER LICENSE MAY BE ISSUE D 7
BY AN AUTHORIZED AGE NT OF THE DEPARTMENT . 8
(2) (II) THE DEPARTMENT MAY DESIGN ATE A PERSON ENGAGED IN 9
A COMMERCIAL ENTERPR ISE AS AN AGENT TO S ELL RECREATIONAL OYS TER 10
LICENSES. 11
(3) (III) AN AGENT MAY RETAIN 50 CENTS FOR EACH RECRE ATIONAL 12
OYSTER LICENSE ISSUE D BY THE AGENT. 13
(2) THE DEPARTMENT SHALL ISSU E A COMPLIMENTARY 14
RECREATIONAL OYSTER LICENSE TO A RESIDEN T OF THE STATE WHO CERTIFIES 15
THAT THE RESIDENT IS : 16
(I) A FORMER PRISONER OF W AR; 17
(II) AN AMERICAN VETERAN WHO IS DETERMINED TO BE 18
UNEMPLOYABLE BY THE U.S. DEPARTMENT OF VETERANS AFFAIRS; 19
(III) A 100% SERVICE–CONNECTED DISABLED AMERICAN 20
VETERAN; OR 21
(IV) BLIND. 22
(3) THE DEPARTMENT SHALL : 23
(I) ISSUE A DISCOUNTED RE CREATIONAL OYS TER LICENSE TO 24
A RESIDENT OF THE STATE WHO IS A RECIPI ENT OF THE PURPLE HEART AWARD; 25
AND 26
(II) DETERMINE THE COST OF THE DISCOUNTED APPLI CATION 27
FEE. 28
HOUSE BILL 613 5
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN 1
INDIVIDUAL MAY CATCH OYSTERS WITHOUT A RE CREATIONAL OYSTER LICENSE IF 2
THE INDIVIDUAL: 3
(I) OWNS OR LEASES PROPER TY BORDERING TIDAL W ATERS OF 4
THE STATE; OR 5
(II) 1. IS THE SPOUSE OR IMME DIATE FAMILY MEMBER OF 6
THE INDIVIDUAL UNDER ITEM (I) OF THIS PARAGRAPH ; AND 7
2. RESIDES ON THE PROPER TY OWNED OR LEASED 8
UNDER ITEM (I) OF THIS PARAGRAPH . 9
(2) (I) BEFORE AN INDIVIDUAL MAY CATCH OYSTERS IN 10
ACCORDANCE WITH THIS SUBSECTION, THE INDIVIDUAL SHALL : 11
1. REGISTER WITH THE DEPARTMENT ; AND 12
2. PROVIDE ALL INFORMATI ON REQUESTED BY THE 13
DEPARTMENT . 14
(II) THE DEPARTMENT MAY NOT ES TABLISH A FEE TO REG ISTER 15
UNDER THIS PARAGRAPH . 16
(E) (G) A LICENSEE SHALL PHYSI CALLY POSSESS THE LI CENSE WHILE 17
HARVESTING OR ATTEMP TING TO HARVEST OYST ERS. 18
(F) (H) (1) A RECREATIONAL OYSTER LICENSE SHALL B E VALID FOR 1 19
YEAR FOLLOWING THE D ATE OF ISSUANCE . 20
(2) A LICENSEE MAY NOT TRA NSFER A RECREATIONAL OYSTER 21
LICENSE. 22
(G) (I) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT 23
THIS SECTION. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2024. 26