MD
Maryland House Bill HB857

Maryland 2024 Regular Session

Maryland House Bill HB857 Compare Versions

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1- WES MOORE, Governor Ch. 550
21
3-– 1 –
4-Chapter 550
5-(House Bill 857)
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+ *hb0857*
89
9-Shellfish Aquaculture – Harvest Hours
10+HOUSE BILL 857
11+M2 4lr1630
12+ CF SB 879
13+By: Delegate D. Jones
14+Introduced and read first time: February 2, 2024
15+Assigned to: Environment and Transportation
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: February 26, 2024
1019
11-FOR the purpose of repealing a certain restriction on the hours for harvesting shellfish
12-from certain areas leased for aquaculture; requiring the Department of Natural
13-Resources to establish by regulation the hours for harvesting shellfish within leased
14-areas; and generally relating to shellfish aquaculture.
20+CHAPTER ______
1521
16-BY repealing and reenacting, with amendments,
17- Article – Natural Resources
18-Section 4–11A–10
19- Annotated Code of Maryland
20- (2023 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2123
22- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
23-That the Laws of Maryland read as follows:
24+Shellfish Aquaculture – Harvest Hours 2
2425
25-Article – Natural Resources
26+FOR the purpose of repealing a certain restriction on the hours for harvesting shellfish 3
27+from certain areas leased for aquaculture; requiring the Department of Natural 4
28+Resources to establish by regulation the hours for harvesting shellfish within leased 5
29+areas; and generally relating to shellfish aquaculture. 6
2630
27-4–11A–10.
31+BY repealing and reenacting, with amendments, 7
32+ Article – Natural Resources 8
33+Section 4–11A–10 9
34+ Annotated Code of Maryland 10
35+ (2023 Replacement Volume and 2023 Supplement) 11
2836
29- (a) A leaseholder shall:
37+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
38+That the Laws of Maryland read as follows: 13
3039
31- (1) Subject to subsection (b) of this section, actively use the lease and
32-comply with any standards for planting, harvesting, and use of the leased area established
33-by the Department;
40+Article – Natural Resources 14
3441
35- (2) Mark each lease area with an 8–inch by 12–inch marker displaying the
36-initials of the leaseholder and posted on a minimum of four poles;
42+4–11A–10. 15
3743
38- (3) Comply with any other marking requirements established by the
39-Department for the protection of navigation;
44+ (a) A leaseholder shall: 16
4045
41- (4) Comply with the regulations established by the Maryland Department
42-of Health in consultation with the Department of the Environment to carry out the mandate
43-of the National Shellfish Sanitation Program; and
46+ (1) Subject to subsection (b) of this section, actively use the lease and 17
47+comply with any standards for planting, harvesting, and use of the leased area established 18
48+by the Department; 19 2 HOUSE BILL 857
4449
45- (5) Pay the rent and the aquaculture development surcharge for the lease
46-at the time established by the Department.
47- Ch. 550 2024 LAWS OF MARYLAND
4850
49-– 2 –
50- (b) The Department may waive the requirements for active use of a lease on a
51-showing that conditions not present at the time of execution of the lease, including the
52-unavailability of shellfish seed, prevent active use of the leased area.
5351
54- (c) A leaseholder may not:
52+ (2) Mark each lease area with an 8–inch by 12–inch marker displaying the 1
53+initials of the leaseholder and posted on a minimum of four poles; 2
5554
56- (1) Place shellfish, bags, nets, or structures on submerged aquatic
57-vegetation without prior written approval from the Department;
55+ (3) Comply with any other marking requirements established by the 3
56+Department for the protection of navigation; 4
5857
59- (2) Plant or harvest shellfish within 500 yards of any stationary blind or
60-blind site that is occupied and being used for hunting migratory waterfowl;
58+ (4) Comply with the regulations established by the Maryland Department 5
59+of Health in consultation with the Department of the Environment to carry out the mandate 6
60+of the National Shellfish Sanitation Program; and 7
6161
62- (3) Sublease a lease;
62+ (5) Pay the rent and the aquaculture development surcharge for the lease 8
63+at the time established by the Department. 9
6364
64- (4) Transfer a lease without the approval of the Department;
65+ (b) The Department may waive the requirements for active use of a lease on a 10
66+showing that conditions not present at the time of execution of the lease, including the 11
67+unavailability of shellfish seed, prevent active use of the leased area. 12
6568
66- (5) Harvest shellfish [between the hours of sunset and sunrise] OUTSIDE
67-THE HOURS ESTABLISHE D BY THE DEPARTMENT IN REGULAT ION; or
69+ (c) A leaseholder may not: 13
6870
69- (6) Place unlawfully harvested oysters on a lease.
71+ (1) Place shellfish, bags, nets, or structures on submerged aquatic 14
72+vegetation without prior written approval from the Department; 15
7073
71- (c–1) In approving the placement of shellfish, bags, nets, or structures on
72-submerged aquatic vegetation under subsection (c)(1) of this section, the Department:
74+ (2) Plant or harvest shellfish within 500 yards of any stationary blind or 16
75+blind site that is occupied and being used for hunting migratory waterfowl; 17
7376
74- (1) May not authorize harvesting by dredge in areas where submerged
75-aquatic vegetation is present;
77+ (3) Sublease a lease; 18
7678
77- (2) Shall authorize for water column leases the placement of shellfish,
78-bags, nets, or structures in at least 10% of the area where submerged aquatic vegetation is
79-present; and
79+ (4) Transfer a lease without the approval of the Department; 19
8080
81- (3) Shall authorize harvest by diving in areas on any submerged land lease
82-where submerged aquatic vegetation is present.
81+ (5) Harvest shellfish [between the hours of sunset and sunrise] OUTSIDE 20
82+THE HOURS ESTABLISHE D BY THE DEPARTMENT IN REGULAT ION; or 21
8383
84- (d) Shellfish planted or harvested in accordance with a lease issued under this
85-subtitle are subject to inspection by the Department.
84+ (6) Place unlawfully harvested oysters on a lease. 22
8685
87- (e) (1) A person who wishes to renew a lease issued under this subtitle or an
88-existing shellfish lease or oyster lease shall submit an application that meets the
89-requirements for an initial application in § 4–11A–09 or § 4–11A–11 of this subtitle.
86+ (c–1) In approving the placement of shellfish, bags, nets, or structures on 23
87+submerged aquatic vegetation under subsection (c)(1) of this section, the Department: 24
9088
91- (2) Before the termination or expiration of a lease issued under this
92-subtitle, the leaseholder shall have the right of first refusal with respect to future leases of
93-the leased area.
94- WES MOORE, Governor Ch. 550
89+ (1) May not authorize harvesting by dredge in areas where submerged 25
90+aquatic vegetation is present; 26
9591
96-– 3 –
97- (f) (1) The Department may terminate a lease issued under this subtitle for
98-failure to comply with the requirements of this subtitle.
92+ (2) Shall authorize for water column leases the placement of shellfish, 27
93+bags, nets, or structures in at least 10% of the area where submerged aquatic vegetation is 28
94+present; and 29
9995
100- (2) The Department shall notify a leaseholder by registered mail of its
101-intention and proposed decision to terminate a lease for failure to comply with the
102-requirements of this subtitle.
96+ (3) Shall authorize harvest by diving in areas on any submerged land lease 30
97+where submerged aquatic vegetation is present. 31 HOUSE BILL 857 3
10398
104- (3) A leaseholder who wishes to contest the Department’s proposed
105-decision may request a review of the decision by the Secretary, which shall be filed not later
106-than 30 days after receipt of the Department’s decision.
10799
108- (4) Failure of a leaseholder to respond to the Department’s proposed
109-decision within 30 days of the date of the decision shall cause the leasehold to revert to the
110-State.
111100
112- (G) IN CONSULTATION WITH THE AQUACULTURE COORDINATING COUNCIL,
113-THE DEPARTMENT SHALL ESTA BLISH BY REGULATION THE HOURS FOR
114-HARVESTING SHELLFISH WITHIN LEA SED AREAS.
101+ (d) Shellfish planted or harvested in accordance with a lease issued under this 1
102+subtitle are subject to inspection by the Department. 2
115103
116- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
117-1, 2024.
104+ (e) (1) A person who wishes to renew a lease issued under this subtitle or an 3
105+existing shellfish lease or oyster lease shall submit an application that meets the 4
106+requirements for an initial application in § 4–11A–09 or § 4–11A–11 of this subtitle. 5
118107
119-Approved by the Governor, May 9, 2024.
108+ (2) Before the termination or expiration of a lease issued under this 6
109+subtitle, the leaseholder shall have the right of first refusal with respect to future leases of 7
110+the leased area. 8
111+
112+ (f) (1) The Department may terminate a lease issued under this subtitle for 9
113+failure to comply with the requirements of this subtitle. 10
114+
115+ (2) The Department shall notify a leaseholder by registered mail of its 11
116+intention and proposed decision to terminate a lease for failure to comply with the 12
117+requirements of this subtitle. 13
118+
119+ (3) A leaseholder who wishes to contest the Department’s proposed 14
120+decision may request a review of the decision by the Secretary, which shall be filed not later 15
121+than 30 days after receipt of the Department’s decision. 16
122+
123+ (4) Failure of a leaseholder to respond to the Department’s proposed 17
124+decision within 30 days of the date of the decision shall cause the leasehold to revert to the 18
125+State. 19
126+
127+ (G) IN CONSULTATION WITH THE AQUACULTURE COORDINATING COUNCIL, 20
128+THE DEPARTMENT SHALL ESTA BLISH BY REGULATION THE HOURS FOR 21
129+HARVESTING SHELLFISH WITHIN LEA SED AREAS. 22
130+
131+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 23
132+1, 2024. 24
133+
134+
135+
136+Approved:
137+________________________________________________________________________________
138+ Governor.
139+________________________________________________________________________________
140+ Speaker of the House of Delegates.
141+________________________________________________________________________________
142+ President of the Senate.