WES MOORE, Governor Ch. 518
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Chapter 518
(House Bill 613)
AN ACT concerning
Natural Resources – Recreational Catching of Oysters or Clams – Requirements
FOR the purpose of altering certain authorizations to recreationally catch clams in the
State; establishing a recreational oyster license; requiring the Department of
Natural Resources to develop and publish an application form for obtaining a
recreational oyster license; establishing requirements for the application for and
issuance of a recreational oyster license; authorizing the Department to designate a
certain agent to sell a recreational oyster license; authorizing a certain agent to
retain a certain amount of money for each recreational oyster license issued by the
agent; requiring the Department to issue complimentary or discounted recreational
oyster licenses to certain individuals; authorizing certain individuals to catch oysters
without a recreational oyster license under certain circumstances and subject to
certain requirements; requiring a recreational oyster licensee to physically possess
the license while harvesting or attempting to harvest oysters; prohibiting a
recreational oyster licensee from transferring a license; and generally relating to
catching oysters and clams in the State.
BY repealing and reenacting, without amendments,
Article – Natural Resources
Section 4–1003
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 4–1004
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY adding to
Article – Natural Resources
Section 4–1004.1
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Natural Resources
4–1003. Ch. 518 2024 LAWS OF MARYLAND
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Any resident of the State may catch oysters or clams on any area in the waters of the
State from which catching oysters or clams is permitted under the provisions of this
subtitle. This section applies to catching oysters or clams by rakes, tongs, patent tongs,
dredges, handscrapes, or by other means permitted by law for the particular area. This
section applies also to catching clams by hydraulic or mechanical dredges or rigs permitted
by law for the particular area. This section does not affect any provision of this subtitle
concerning the licensing or regulation of catching oysters or clams, except as specifically
provided in this section.
4–1004.
(a) (1) A resident may catch [up to 1 bushel each of oysters and] clams [a day
for the person’s own use and consumption without a license, in places and at times
prescribed by regulation of] IN ACCORDANCE WITH R EGULATIONS ADOPTED B Y the
Department.
(2) A nonresident may catch in the tidal bays of Worcester County [up to 1
bushel of] hard clams [per day] for the nonresident’s own use and consumption IN
ACCORDANCE WITH REGU LATIONS ADOPTED BY T HE DEPARTMENT .
(b) Only a resident of the State may obtain a license to catch [oysters]:
(1) OYSTERS or clams for commercial purposes in the waters of the State;
OR
(2) OYSTERS FOR RECREATIO NAL PURPOSES IN T HE WATERS OF THE
STATE.
4–1004.1.
(A) IN THIS SECTION, “FORMER PRISONER OF W AR” MEANS AN INDIVIDUAL
WHO, WHILE SERVING IN THE ACTIVE MILITARY , NAVAL, OR AIR SERVICE OF TH E
UNITED STATES, WAS FORCIBLY DETAINE D OR INTERNED IN THE LINE OF DUTY BY
AN ENEMY GOVERNMENT OR ITS AGENTS, OR A HOSTILE FORCE , DURING A PERIOD
OF ARMED CONFLICT .
(B) THERE IS A RECREATION AL OYSTER LICENSE .
(B) (C) A EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , A
PERSON AT LEAST 16 YEARS OLD SHALL SECU RE A RECREATIONAL OY STER LICENSE
TO HARVEST OYSTERS I N THE TIDAL WATERS O F THE STATE.
WES MOORE, Governor Ch. 518
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(C) (D) (1) THE DEPARTMENT SHALL DEVE LOP AND PUBLISH AN
APPLICATION FORM FOR OBTAINING A RECREATI ONAL OYSTER LICENSE .
(2) (I) TO EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS
SECTION, TO OBTAIN A RECREATIONA L OYSTER LICENSE TO HARVEST OYSTERS IN
THE WATERS OF THE STATE, A STATE RESIDENT AT LEA ST 16 YEARS OLD SHALL
SUBMIT TO THE DEPARTMENT AN APPLICA TION USING THE FORM DEVELOPED AND
PUBLISHED BY THE DEPARTMENT .
(II) THE APPLICATION SHALL INCLUDE:
1. THE LAST FOUR DIGITS OF THE APPLICANT ’S SOCIAL
SECURITY NUMBER, IF THE APPLICANT HAS A SOCIAL SECURITY NUMBER ;
2. PAYMENT OF A $10 APPLICATION FEE ; AND
3. ANY OTHER INFORMATION REQUESTED BY THE
DEPARTMENT .
(III) THE DEPARTMENT SHALL USE A PORTION, AS DETERMINED
BY THE DEPARTMENT , OF THE APPLICATION FEE COLL ECTED UNDER THIS
PARAGRAPH TO REPLENI SH PUBLIC FISHERY OY STER BARS BY PLANTIN G SHELL
AND JUVENILE OYSTERS .
(3) AN APPLICANT MAY NOT WILLFULLY MAKE A FAL SE STATEMENT
OR REPRESENTATION TO THE DEPARTMENT ON THE APP LICATION.
(D) (E) (1) (I) A RECREATIONAL OYSTER LICENSE MAY BE ISSUE D
BY AN AUTHORIZED AGE NT OF THE DEPARTMENT .
(2) (II) THE DEPARTMENT MAY DESIGN ATE A PERSON ENGAGED IN
A COMMERCIAL ENTERPR ISE AS AN AGENT TO S ELL RECREATIONAL OYS TER
LICENSES.
(3) (III) AN AGENT MAY R ETAIN 50 CENTS FOR EACH RECRE ATIONAL
OYSTER LICENSE ISSUE D BY THE AGENT.
(2) THE DEPARTMENT SHALL ISSU E A COMPLIMENTARY
RECREATIONAL OYSTER LICENSE TO A RESIDEN T OF THE STATE WHO CERTIFIES
THAT THE RESIDENT IS :
(I) A FORMER PRISONER OF W AR;
Ch. 518 2024 LAWS OF MARYLAND
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(II) AN AMERICAN VETERAN WHO IS DETERMINED TO BE
UNEMPLOYABLE BY THE U.S. DEPARTMENT OF VETERANS AFFAIRS;
(III) A 100% SERVICE–CONNECTED DISABLED AMERICAN
VETERAN; OR
(IV) BLIND.
(3) THE DEPARTMENT SHALL :
(I) ISSUE A DISCOUNTED RE CREATIONA L OYSTER LICENSE TO
A RESIDENT OF THE STATE WHO IS A RECIPI ENT OF THE PURPLE HEART AWARD;
AND
(II) DETERMINE THE COST OF THE DISCOUNTED APPLI CATION
FEE.
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN
INDIVIDUAL MAY CATCH OYSTERS WITHOUT A RECREATIONAL OYSTER LICENSE IF
THE INDIVIDUAL:
(I) OWNS OR LEASES PROPER TY BORDERING TIDAL W ATERS OF
THE STATE; OR
(II) 1. IS THE SPOUSE OR IMME DIATE FAMILY MEMBER OF
THE INDIVIDUAL UNDER ITEM (I) OF THIS PARAGRAPH ; AND
2. RESIDES ON THE PROPE RTY OWNED OR LEASED
UNDER ITEM (I) OF THIS PARAGRAPH .
(2) (I) BEFORE AN INDIVIDUAL MAY CATCH OYSTERS IN
ACCORDANCE WITH THIS SUBSECTION, THE INDIVIDUAL SHALL :
1. REGISTER WITH THE DEPARTMENT ; AND
2. PROVIDE ALL INFORMATI ON REQUESTED BY THE
DEPARTMENT .
(II) THE DEPARTMENT MAY NOT ES TABLISH A FEE TO REG ISTER
UNDER THIS PARAGRAPH .
(E) (G) A LICENSEE SHALL PHYSI CALLY POSSESS THE LI CENSE WHILE
HARVESTING OR ATTEMP TING TO HARVEST OYST ERS.
WES MOORE, Governor Ch. 518
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(F) (H) (1) A RECREATIONAL OYSTER LICENSE SHALL B E VALID FOR 1
YEAR FOLLOWING THE D ATE OF ISSUANCE .
(2) A LICENSEE MAY NOT TRA NSFER A RECREATIONAL OYSTER
LICENSE.
(G) (I) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT
THIS SECTION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2024.
Approved by the Governor, May 9, 2024.