WES MOORE, Governor Ch. 550
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Chapter 550
(House Bill 857)
AN ACT concerning
Shellfish Aquaculture – Harvest Hours
FOR the purpose of repealing a certain restriction on the hours for harvesting shellfish
from certain areas leased for aquaculture; requiring the Department of Natural
Resources to establish by regulation the hours for harvesting shellfish within leased
areas; and generally relating to shellfish aquaculture.
BY repealing and reenacting, with amendments,
Article – Natural Resources
Section 4–11A–10
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
4–11A–10.
(a) A leaseholder shall:
(1) Subject to subsection (b) of this section, actively use the lease and
comply with any standards for planting, harvesting, and use of the leased area established
by the Department;
(2) Mark each lease area with an 8–inch by 12–inch marker displaying the
initials of the leaseholder and posted on a minimum of four poles;
(3) Comply with any other marking requirements established by the
Department for the protection of navigation;
(4) Comply with the regulations established by the Maryland Department
of Health in consultation with the Department of the Environment to carry out the mandate
of the National Shellfish Sanitation Program; and
(5) Pay the rent and the aquaculture development surcharge for the lease
at the time established by the Department.
Ch. 550 2024 LAWS OF MARYLAND
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(b) The Department may waive the requirements for active use of a lease on a
showing that conditions not present at the time of execution of the lease, including the
unavailability of shellfish seed, prevent active use of the leased area.
(c) A leaseholder may not:
(1) Place shellfish, bags, nets, or structures on submerged aquatic
vegetation without prior written approval from the Department;
(2) Plant or harvest shellfish within 500 yards of any stationary blind or
blind site that is occupied and being used for hunting migratory waterfowl;
(3) Sublease a lease;
(4) Transfer a lease without the approval of the Department;
(5) Harvest shellfish [between the hours of sunset and sunrise] OUTSIDE
THE HOURS ESTABLISHE D BY THE DEPARTMENT IN REGULAT ION; or
(6) Place unlawfully harvested oysters on a lease.
(c–1) In approving the placement of shellfish, bags, nets, or structures on
submerged aquatic vegetation under subsection (c)(1) of this section, the Department:
(1) May not authorize harvesting by dredge in areas where submerged
aquatic vegetation is present;
(2) Shall authorize for water column leases the placement of shellfish,
bags, nets, or structures in at least 10% of the area where submerged aquatic vegetation is
present; and
(3) Shall authorize harvest by diving in areas on any submerged land lease
where submerged aquatic vegetation is present.
(d) Shellfish planted or harvested in accordance with a lease issued under this
subtitle are subject to inspection by the Department.
(e) (1) A person who wishes to renew a lease issued under this subtitle or an
existing shellfish lease or oyster lease shall submit an application that meets the
requirements for an initial application in § 4–11A–09 or § 4–11A–11 of this subtitle.
(2) Before the termination or expiration of a lease issued under this
subtitle, the leaseholder shall have the right of first refusal with respect to future leases of
the leased area.
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(f) (1) The Department may terminate a lease issued under this subtitle for
failure to comply with the requirements of this subtitle.
(2) The Department shall notify a leaseholder by registered mail of its
intention and proposed decision to terminate a lease for failure to comply with the
requirements of this subtitle.
(3) A leaseholder who wishes to contest the Department’s proposed
decision may request a review of the decision by the Secretary, which shall be filed not later
than 30 days after receipt of the Department’s decision.
(4) Failure of a leaseholder to respond to the Department’s proposed
decision within 30 days of the date of the decision shall cause the leasehold to revert to the
State.
(G) IN CONSULTATION WITH THE AQUACULTURE COORDINATING COUNCIL,
THE DEPARTMENT SHALL ESTA BLISH BY REGULATION THE HOURS FOR
HARVESTING SHELLFISH WITHIN LEA SED AREAS.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2024.
Approved by the Governor, May 9, 2024.