EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1140*
SENATE BILL 1140
M1 4lr2865
CF HB 807
By: Senator Mautz
Introduced and read first time: February 9, 2024
Assigned to: Rules
A BILL ENTITLED
AN ACT concerning 1
Natural Resources – Submerged Aquatic Vegetation Surveys 2
FOR the purpose of altering the definition of “aerial survey” for purposes of surveying 3
submerged aquatic vegetation to include other surveys that use certain data; 4
requiring the Department of Natural Resources to study and report on the 5
implications and feasibility of using alternative methods other than an aerial survey 6
to delineate SAV protection zones on or before a certain date; and generally relating 7
to submerged aquatic vegetation surveys. 8
BY repealing and reenacting, with amendments, 9
Article – Natural Resources 10
Section 4–1006.1 and 4–11A–01(n) 11
Annotated Code of Maryland 12
(2023 Replacement Volume and 2023 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Natural Resources 15
Section 4–11A–01(a) 16
Annotated Code of Maryland 17
(2023 Replacement Volume and 2023 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Natural Resources 21
4–1006.1. 22
(a) (1) In this section the following words have the meanings indicated. 23
2 SENATE BILL 1140
(2) “SAV PROTECTION ZONE ” MEANS AN AREA DELINE ATED BY THE 1
DEPARTMENT FOR THE PR OTECTION FROM UPROOT ING AND THE RESTORAT ION OF 2
SUBMERGED AQUATIC VE GETATION. 3
[(2)] (3) [“Aerial] “SAV survey” means [the]: 4
(I) THE annual aerial survey compiled by the Virginia Institute of 5
Marine Sciences for the annual Bay–wide Submerged Aquatic Vegetation Mapping 6
Program; OR 7
(II) ANY OTHER SURVEY THAT USES DATA THAT : 8
1. PERTAINS TO SUBMERGED AQUATIC VEGETATION IN 9
THE STATE; AND 10
2. IS APPROVED BY THE DEPARTMENT . 11
[(3) “SAV protection zone” means an area delineated by the Department for 12
the protection from uprooting and the restoration of submerged aquatic vegetation.] 13
(b) (1) In 2004 and every 3 years thereafter, the Department shall update the 14
delineations of SAV protection zones that were completed in 2001. 15
(2) The updated delineations shall include areas where submerged aquatic 16
vegetation has been mapped OR OBSERVED by [aerial] SAV surveys during at least 1 of 17
the previous 3 years. 18
(c) (1) Except as provided in paragraph (2) of this subsection, a previously 19
delineated SAV protection zone may be opened to the use of the gear set forth in subsection 20
(f) of this section during an update if: 21
(i) [Aerial] SAV surveys have not shown any submerged aquatic 22
vegetation in the area during the past 3 years; or 23
(ii) [Aerial] SAV surveys have shown the density of submerged 24
aquatic vegetation in that area to be less than 10% during each of the past 6 years. 25
(2) The areas in the vicinity of Smith Island, South Marsh Island, and 26
Bloodsworth Island that were closed to hydraulic clam dredging in the 1999 delineation 27
shall be closed to the gear set forth in subsection (f) of this section and may not be reopened. 28
(d) (1) To the extent possible, the Department shall adjust SAV protection 29
zones so that delineations are geographically manageable, utilizing straight lines and 30
existing points of reference. 31
SENATE BILL 1140 3
(2) (i) To the extent possible, an adjustment made in accordance with 1
paragraph (1) of this subsection shall result in no net loss or gain of protected area. 2
(ii) To the extent possible, to prevent the net loss or gain of protected 3
area resulting from an adjustment made in accordance with paragraph (1) of this 4
subsection, the adjustment may: 5
1. Exclude small areas of vegetated bottom; or 6
2. Include small areas of unvegetated bottom. 7
(e) The Department: 8
(1) Shall utilize buoys or other visible landmarks as appropriate to mark 9
SAV protection zones; 10
(2) May make revisions to the delineations of SAV protection zones at any 11
time if determined to be necessary; and 12
(3) Shall publish, by public notice, delineations of SAV protection zones and 13
revisions to SAV protection zones. 14
(f) A person may not use the following gear in a SAV protection zone: 15
(1) A hydraulic clam dredge; 16
(2) A traditional bottom dredge; and 17
(3) A shinnecock rake. 18
(g) This section may not be construed to affect the authority of the Department 19
to adopt any additional measures that the Department determines are necessary to protect 20
submerged aquatic vegetation beds in the waters of the State. 21
4–11A–01. 22
(a) In this subtitle the following words have the meanings indicated. 23
(n) “SAV Protection Zone” means an area of submerged aquatic vegetation as 24
mapped OR OBSERVED in [aerial surveys by the Virginia Institute of Marine Sciences] AN 25
SAV SURVEY, AS DEFINED IN § 4–1006.1 OF THIS TITLE, in 1 or more of the 5 years 26
preceding the designation of an Aquaculture Enterprise Zone or an application for a lease 27
under this subtitle. 28
SECTION 2. AND BE IT FURTHER ENACTED, That: 29
4 SENATE BILL 1140
(a) The Department of Natural Resources shall study and report on the 1
implications and feasibility of using alternative methods other than an aerial survey to 2
delineate SAV protection zones, as defined in § 4–1006.1 of the Natural Resources Article 3
as enacted by Section 1 of this Act. 4
(b) The report shall: 5
(1) analyze the current benefits and drawbacks of using an aerial survey 6
to delineate SAV protection zones; 7
(2) analyze the implications and feasibility of using alternative methods or 8
technologies for delineating SAV protection zones; 9
(3) analyze whether alternative methods or technologies may be used more 10
frequently than every 3 years to delineate SAV protection zones; and 11
(4) analyze the benefits and drawbacks of increasing the look–back period 12
in § 4–1006.1(c) of the Natural Resources Article, as enacted by Section 1 of this Act. 13
(c) On or before December 31, 2024, the Department of Natural Resources shall 14
submit the report, in accordance with § 2–1257 of the State Government Article, to the 15
General Assembly. 16
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 17
1, 2024. 18