Maryland 2024 Regular Session

Maryland House Bill HB613 Compare Versions

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1- WES MOORE, Governor Ch. 518
21
3-– 1 –
4-Chapter 518
5-(House Bill 613)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0613*
810
9-Natural Resources – Recreational Catching of Oysters or Clams – Requirements
11+HOUSE BILL 613
12+M2 (4lr2603)
13+ENROLLED BILL
14+— Environment and Transportation/Education, Energy, and the Environment —
15+Introduced by Delegate Boyce Delegates Boyce, Lehman, and Ruth
1016
11-FOR the purpose of altering certain authorizations to recreationally catch clams in the
12-State; establishing a recreational oyster license; requiring the Department of
13-Natural Resources to develop and publish an application form for obtaining a
14-recreational oyster license; establishing requirements for the application for and
15-issuance of a recreational oyster license; authorizing the Department to designate a
16-certain agent to sell a recreational oyster license; authorizing a certain agent to
17-retain a certain amount of money for each recreational oyster license issued by the
18-agent; requiring the Department to issue complimentary or discounted recreational
19-oyster licenses to certain individuals; authorizing certain individuals to catch oysters
20-without a recreational oyster license under certain circumstances and subject to
21-certain requirements; requiring a recreational oyster licensee to physically possess
22-the license while harvesting or attempting to harvest oysters; prohibiting a
23-recreational oyster licensee from transferring a license; and generally relating to
24-catching oysters and clams in the State.
17+Read and Examined by Proofreaders:
2518
26-BY repealing and reenacting, without amendments,
27- Article – Natural Resources
28- Section 4–1003
29- Annotated Code of Maryland
30- (2023 Replacement Volume and 2023 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3123
32-BY repealing and reenacting, with amendments,
33- Article – Natural Resources
34- Section 4–1004
35- Annotated Code of Maryland
36- (2023 Replacement Volume and 2023 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval th is
3725
38-BY adding to
39- Article – Natural Resources
40- Section 4–1004.1
41- Annotated Code of Maryland
42- (2023 Replacement Volume and 2023 Supplement)
26+_______ day of _______________ at ________________________ o’clock, ________M.
4327
44- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
45-That the Laws of Maryland read as follows:
28+______________________________________________
29+Speaker.
4630
47-Article – Natural Resources
31+CHAPTER ______
4832
49-4–1003. Ch. 518 2024 LAWS OF MARYLAND
33+AN ACT concerning 1
5034
51-– 2
35+Natural Resources Recreational Catching of Oysters or Clams – Requirements 2
5236
53- Any resident of the State may catch oysters or clams on any area in the waters of the
54-State from which catching oysters or clams is permitted under the provisions of this
55-subtitle. This section applies to catching oysters or clams by rakes, tongs, patent tongs,
56-dredges, handscrapes, or by other means permitted by law for the particular area. This
57-section applies also to catching clams by hydraulic or mechanical dredges or rigs permitted
58-by law for the particular area. This section does not affect any provision of this subtitle
59-concerning the licensing or regulation of catching oysters or clams, except as specifically
60-provided in this section.
37+FOR the purpose of altering certain authorizations to recreationally catch clams in the 3
38+State; establishing a recreational oyster license; requiring the Department of 4
39+Natural Resources to develop and publish an application form for obtaining a 5
40+recreational oyster license; establishing requirements for the application for and 6
41+issuance of a recreational oyster license; authorizing the Department to designate a 7
42+certain agent to sell a recreational oyster license; authorizing a certain agent to 8
43+retain a certain amount of money for each recreational oyster license issued by the 9
44+agent; requiring the Department to issue complimentary or discounted recreational 10
45+oyster licenses to certain individuals; authorizing certain individuals to catch oysters 11
46+without a recreational oyster license under certain circumstances and subject to 12
47+certain requirements; requiring a recreational oyster licensee to physically possess 13
48+the license while harvesting or attempting to harvest oysters; prohibiting a 14 2 HOUSE BILL 613
6149
62-4–1004.
6350
64- (a) (1) A resident may catch [up to 1 bushel each of oysters and] clams [a day
65-for the person’s own use and consumption without a license, in places and at times
66-prescribed by regulation of] IN ACCORDANCE WITH R EGULATIONS ADOPTED B Y the
67-Department.
51+recreational oyster licensee from transferring a license; and generally relating to 1
52+catching oysters and clams in the State. 2
6853
69- (2) A nonresident may catch in the tidal bays of Worcester County [up to 1
70-bushel of] hard clams [per day] for the nonresident’s own use and consumption IN
71-ACCORDANCE WITH REGU LATIONS ADOPTED BY T HE DEPARTMENT .
54+BY repealing and reenacting, without amendments, 3
55+ Article – Natural Resources 4
56+ Section 4–1003 5
57+ Annotated Code of Maryland 6
58+ (2023 Replacement Volume and 2023 Supplement) 7
7259
73- (b) Only a resident of the State may obtain a license to catch [oysters]:
60+BY repealing and reenacting, with amendments, 8
61+ Article – Natural Resources 9
62+ Section 4–1004 10
63+ Annotated Code of Maryland 11
64+ (2023 Replacement Volume and 2023 Supplement) 12
7465
75- (1) OYSTERS or clams for commercial purposes in the waters of the State;
76-OR
66+BY adding to 13
67+ Article – Natural Resources 14
68+ Section 4–1004.1 15
69+ Annotated Code of Maryland 16
70+ (2023 Replacement Volume and 2023 Supplement) 17
7771
78- (2) OYSTERS FOR RECREATIO NAL PURPOSES IN T HE WATERS OF THE
79-STATE.
72+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
73+That the Laws of Maryland read as follows: 19
8074
81-41004.1.
75+Article Natural Resources 20
8276
83- (A) IN THIS SECTION, “FORMER PRISONER OF W AR” MEANS AN INDIVIDUAL
84-WHO, WHILE SERVING IN THE ACTIVE MILITARY , NAVAL, OR AIR SERVICE OF TH E
85-UNITED STATES, WAS FORCIBLY DETAINE D OR INTERNED IN THE LINE OF DUTY BY
86-AN ENEMY GOVERNMENT OR ITS AGENTS, OR A HOSTILE FORCE , DURING A PERIOD
87-OF ARMED CONFLICT .
77+4–1003. 21
8878
89- (B) THERE IS A RECREATION AL OYSTER LICENSE .
79+ Any resident of the State may catch oysters or clams on any area in the waters of the 22
80+State from which catching oysters or clams is permitted under the provisions of this 23
81+subtitle. This section applies to catching oysters or clams by rakes, tongs, patent tongs, 24
82+dredges, handscrapes, or by other means permitted by law for the particular area. This 25
83+section applies also to catching clams by hydraulic or mechanical dredges or rigs permitted 26
84+by law for the particular area. This section does not affect any provision of this subtitle 27
85+concerning the licensing or regulation of catching oysters or clams, except as specifically 28
86+provided in this section. 29
9087
91- (B) (C) A EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , A
92-PERSON AT LEAST 16 YEARS OLD SHALL SECU RE A RECREATIONAL OY STER LICENSE
93-TO HARVEST OYSTERS I N THE TIDAL WATERS O F THE STATE.
94- WES MOORE, Governor Ch. 518
88+4–1004. 30
9589
96-– 3 –
97- (C) (D) (1) THE DEPARTMENT SHALL DEVE LOP AND PUBLISH AN
98-APPLICATION FORM FOR OBTAINING A RECREATI ONAL OYSTER LICENSE .
90+ (a) (1) A resident may catch [up to 1 bushel each of oysters and] clams [a day 31
91+for the person’s own use and consumption without a license, in places and at times 32
92+prescribed by regulation of] IN ACCORDANCE WITH R EGULATIONS ADOPTED B Y the 33
93+Department. 34
94+ HOUSE BILL 613 3
9995
100- (2) (I) TO EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS
101-SECTION, TO OBTAIN A RECREATIONA L OYSTER LICENSE TO HARVEST OYSTERS IN
102-THE WATERS OF THE STATE, A STATE RESIDENT AT LEA ST 16 YEARS OLD SHALL
103-SUBMIT TO THE DEPARTMENT AN APPLICA TION USING THE FORM DEVELOPED AND
104-PUBLISHED BY THE DEPARTMENT .
10596
106- (II) THE APPLICATION SHALL INCLUDE:
97+ (2) A nonresident may catch in the tidal bays of Worcester County [up to 1 1
98+bushel of] hard clams [per day] for the nonresident’s own use and consumption IN 2
99+ACCORDANCE WITH REGU LATIONS ADOPTED BY T HE DEPARTMENT . 3
107100
108- 1. THE LAST FOUR DIGITS OF THE APPLICANT ’S SOCIAL
109-SECURITY NUMBER, IF THE APPLICANT HAS A SOCIAL SECURITY NUMBER ;
101+ (b) Only a resident of the State may obtain a license to catch [oysters]: 4
110102
111- 2. PAYMENT OF A $10 APPLICATION FEE ; AND
103+ (1) OYSTERS or clams for commercial purposes in the waters of the State; 5
104+OR 6
112105
113- 3. ANY OTHER INFORMATION REQUESTED BY THE
114-DEPARTMENT .
106+ (2) OYSTERS FOR RECREATIO NAL PURPOSES IN THE WATERS OF THE 7
107+STATE. 8
115108
116- (III) THE DEPARTMENT SHALL USE A PORTION, AS DETERMINED
117-BY THE DEPARTMENT , OF THE APPLICATION FEE COLL ECTED UNDER THIS
118-PARAGRAPH TO REPLENI SH PUBLIC FISHERY OY STER BARS BY PLANTIN G SHELL
119-AND JUVENILE OYSTERS .
109+4–1004.1. 9
120110
121- (3) AN APPLICANT MAY NOT WILLFULLY MAKE A FAL SE STATEMENT
122-OR REPRESENTATION TO THE DEPARTMENT ON THE APP LICATION.
111+ (A) IN THIS SECTION, “FORMER PRISONER OF W AR” MEANS AN INDIVIDUAL 10
112+WHO, WHILE SERVING IN THE ACTIVE MILITARY , NAVAL, OR AIR SERVICE OF TH E 11
113+UNITED STATES, WAS FORCIBLY DETAINE D OR INTERNED IN THE LINE OF DUTY BY 12
114+AN ENEMY GOVERNMENT OR ITS AGENTS, OR A HOSTILE FORCE , DURING A PERIOD 13
115+OF ARMED CONFLICT . 14
123116
124- (D) (E) (1) (I) A RECREATIONAL OYSTER LICENSE MAY BE ISSUE D
125-BY AN AUTHORIZED AGE NT OF THE DEPARTMENT .
117+ (B) THERE IS A RECREATION AL OYSTER LICENSE . 15
126118
127- (2) (II) THE DEPARTMENT MAY DESIGN ATE A PERSON ENGAGED IN
128-A COMMERCIAL ENTERPR ISE AS AN AGENT TO S ELL RECREATIONAL OYS TER
129-LICENSES.
119+ (B) (C) A EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS SECTION , A 16
120+PERSON AT LEAST 16 YEARS OLD SHALL SECU RE A RECREATIONAL OY STER LICENSE 17
121+TO HARVEST OYSTERS I N THE TIDAL WATERS O F THE STATE. 18
130122
131- (3) (III) AN AGENT MAY R ETAIN 50 CENTS FOR EACH RECRE ATIONAL
132-OYSTER LICENSE ISSUE D BY THE AGENT.
123+ (C) (D) (1) THE DEPARTMENT SHALL DEVE LOP AND PUBLISH AN 19
124+APPLICATION FORM FOR OBTAINING A RECREATI ONAL OYSTER LICENSE . 20
133125
134- (2) THE DEPARTMENT SHALL ISSU E A COMPLIMENTARY
135-RECREATIONAL OYSTER LICENSE TO A RESIDEN T OF THE STATE WHO CERTIFIES
136-THAT THE RESIDENT IS :
126+ (2) (I) TO EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS 21
127+SECTION, TO OBTAIN A RECREATIONA L OYSTER LICENSE TO HARVEST OYSTERS IN 22
128+THE WATERS OF THE STATE, A STATE RESIDENT AT LEA ST 16 YEARS OLD SHALL 23
129+SUBMIT TO THE DEPARTMENT AN APPLICA TION USING THE FORM DEVELOPED AND 24
130+PUBLISHED BY THE DEPARTMENT . 25
137131
138- (I) A FORMER PRISONER OF W AR;
139- Ch. 518 2024 LAWS OF MARYLAND
132+ (II) THE APPLICATION SHALL INCLUDE: 26
140133
141-– 4 –
142- (II) AN AMERICAN VETERAN WHO IS DETERMINED TO BE
143-UNEMPLOYABLE BY THE U.S. DEPARTMENT OF VETERANS AFFAIRS;
134+ 1. THE LAST FOUR DIGITS OF THE APPLICANT ’S SOCIAL 27
135+SECURITY NUMBER, IF THE APPLICANT HAS A SOCIAL SECURITY NUMBER ; 28
144136
145- (III) A 100% SERVICE–CONNECTED DISABLED AMERICAN
146-VETERAN; OR
137+ 2. PAYMENT OF A $10 APPLICATION FEE ; AND 29
147138
148- (IV) BLIND.
139+ 3. ANY OTHER INFORMATION REQUESTED BY THE 30
140+DEPARTMENT . 31 4 HOUSE BILL 613
149141
150- (3) THE DEPARTMENT SHALL :
151142
152- (I) ISSUE A DISCOUNTED RE CREATIONA L OYSTER LICENSE TO
153-A RESIDENT OF THE STATE WHO IS A RECIPI ENT OF THE PURPLE HEART AWARD;
154-AND
155143
156- (II) DETERMINE THE COST OF THE DISCOUNTED APPLI CATION
157-FEE.
144+ (III) THE DEPARTMENT SHALL USE A PORTION, AS DETERMINED 1
145+BY THE DEPARTMENT , OF THE APPLICATIO N FEE COLLECTED UNDE R THIS 2
146+PARAGRAPH TO REPLENI SH PUBLIC FISHERY OY STER BARS BY PLANTIN G SHELL 3
147+AND JUVENILE OYSTERS . 4
158148
159- (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN
160-INDIVIDUAL MAY CATCH OYSTERS WITHOUT A RECREATIONAL OYSTER LICENSE IF
161-THE INDIVIDUAL:
149+ (3) AN APPLICANT MAY NOT WILLFULLY MAKE A FAL SE STATEMENT 5
150+OR REPRESENTATION TO THE DEPARTMENT ON THE APP LICATION. 6
162151
163- (I) OWNS OR LEASES PROPER TY BORDERING TIDAL W ATERS OF
164-THE STATE; OR
152+ (D) (E) (1) (I) A RECREATIONAL OYSTER LICENSE MAY BE ISSUE D 7
153+BY AN AUTHORIZED AGE NT OF THE DEPARTMENT . 8
165154
166- (II) 1. IS THE SPOUSE OR IMME DIATE FAMILY MEMBER OF
167-THE INDIVIDUAL UNDER ITEM (I) OF THIS PARAGRAPH ; AND
155+ (2) (II) THE DEPARTMENT MAY DESIGN ATE A PERSON ENGAGED IN 9
156+A COMMERCIAL ENTERPR ISE AS AN AGENT TO S ELL RECREATIONAL OYS TER 10
157+LICENSES. 11
168158
169- 2. RESIDES ON THE PROPE RTY OWNED OR LEASED
170-UNDER ITEM (I) OF THIS PARAGRAPH .
159+ (3) (III) AN AGENT MAY RETAIN 50 CENTS FOR EACH RECRE ATIONAL 12
160+OYSTER LICENSE ISSUE D BY THE AGENT. 13
171161
172- (2) (I) BEFORE AN INDIVIDUAL MAY CATCH OYSTERS IN
173-ACCORDANCE WITH THIS SUBSECTION, THE INDIVIDUAL SHALL :
162+ (2) THE DEPARTMENT SHALL ISSU E A COMPLIMENTARY 14
163+RECREATIONAL OYSTER LICENSE TO A RESIDEN T OF THE STATE WHO CERTIFIES 15
164+THAT THE RESIDENT IS : 16
174165
175- 1. REGISTER WITH THE DEPARTMENT ; AND
166+ (I) A FORMER PRISONER OF W AR; 17
176167
177- 2. PROVIDE ALL INFORMATI ON REQUESTED BY THE
178-DEPARTMENT .
168+ (II) AN AMERICAN VETERAN WHO IS DETERMINED TO BE 18
169+UNEMPLOYABLE BY THE U.S. DEPARTMENT OF VETERANS AFFAIRS; 19
179170
180- (II) THE DEPARTMENT MAY NOT ES TABLISH A FEE TO REG ISTER
181-UNDER THIS PARAGRAPH .
171+ (III) A 100% SERVICE–CONNECTED DISABLED AMERICAN 20
172+VETERAN; OR 21
182173
183- (E) (G) A LICENSEE SHALL PHYSI CALLY POSSESS THE LI CENSE WHILE
184-HARVESTING OR ATTEMP TING TO HARVEST OYST ERS.
185- WES MOORE, Governor Ch. 518
174+ (IV) BLIND. 22
186175
187-– 5 –
188- (F) (H) (1) A RECREATIONAL OYSTER LICENSE SHALL B E VALID FOR 1
189-YEAR FOLLOWING THE D ATE OF ISSUANCE .
176+ (3) THE DEPARTMENT SHALL : 23
190177
191- (2) A LICENSEE MAY NOT TRA NSFER A RECREATIONAL OYSTER
192-LICENSE.
178+ (I) ISSUE A DISCOUNTED RE CREATIONAL OYS TER LICENSE TO 24
179+A RESIDENT OF THE STATE WHO IS A RECIPI ENT OF THE PURPLE HEART AWARD; 25
180+AND 26
193181
194- (G) (I) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT
195-THIS SECTION.
182+ (II) DETERMINE THE COST OF THE DISCOUNTED APPLI CATION 27
183+FEE. 28
184+ HOUSE BILL 613 5
196185
197- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
198-October 1, 2024.
199186
200-Approved by the Governor, May 9, 2024.
187+ (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN 1
188+INDIVIDUAL MAY CATCH OYSTERS WITHOUT A RE CREATIONAL OYSTER LICENSE IF 2
189+THE INDIVIDUAL: 3
190+
191+ (I) OWNS OR LEASES PROPER TY BORDERING TIDAL W ATERS OF 4
192+THE STATE; OR 5
193+
194+ (II) 1. IS THE SPOUSE OR IMME DIATE FAMILY MEMBER OF 6
195+THE INDIVIDUAL UNDER ITEM (I) OF THIS PARAGRAPH ; AND 7
196+
197+ 2. RESIDES ON THE PROPER TY OWNED OR LEASED 8
198+UNDER ITEM (I) OF THIS PARAGRAPH . 9
199+
200+ (2) (I) BEFORE AN INDIVIDUAL MAY CATCH OYSTERS IN 10
201+ACCORDANCE WITH THIS SUBSECTION, THE INDIVIDUAL SHALL : 11
202+
203+ 1. REGISTER WITH THE DEPARTMENT ; AND 12
204+
205+ 2. PROVIDE ALL INFORMATI ON REQUESTED BY THE 13
206+DEPARTMENT . 14
207+
208+ (II) THE DEPARTMENT MAY NOT ES TABLISH A FEE TO REG ISTER 15
209+UNDER THIS PARAGRAPH . 16
210+
211+ (E) (G) A LICENSEE SHALL PHYSI CALLY POSSESS THE LI CENSE WHILE 17
212+HARVESTING OR ATTEMP TING TO HARVEST OYST ERS. 18
213+
214+ (F) (H) (1) A RECREATIONAL OYSTER LICENSE SHALL B E VALID FOR 1 19
215+YEAR FOLLOWING THE D ATE OF ISSUANCE . 20
216+
217+ (2) A LICENSEE MAY NOT TRA NSFER A RECREATIONAL OYSTER 21
218+LICENSE. 22
219+
220+ (G) (I) THE DEPARTMENT MAY ADOPT REGULATIONS TO IMPLE MENT 23
221+THIS SECTION. 24
222+
223+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
224+October 1, 2024. 26