| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *sb1140* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 1140 | |
| 11 | 8 | M1 4lr2865 | |
| 12 | 9 | CF HB 807 | |
| 13 | 10 | By: Senator Mautz | |
| 14 | 11 | Introduced and read first time: February 9, 2024 | |
| 15 | 12 | Assigned to: Rules | |
| 16 | - | Re–referred to: Education, Energy, and the Environment, March 9, 2024 | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | Senate action: Adopted | |
| 19 | - | Read second time: March 17, 2024 | |
| 20 | 13 | ||
| 21 | - | ||
| 14 | + | A BILL ENTITLED | |
| 22 | 15 | ||
| 23 | 16 | AN ACT concerning 1 | |
| 24 | 17 | ||
| 25 | 18 | Natural Resources – Submerged Aquatic Vegetation Surveys 2 | |
| 26 | 19 | ||
| 27 | 20 | FOR the purpose of altering the definition of “aerial survey” for purposes of surveying 3 | |
| 28 | - | submerged aquatic vegetation to include other surveys that use certain data 4 | |
| 29 | - | encompass certain geographic areas and use certain methodologies; requiring the 5 | |
| 30 | - | Department of Natural Resources to study and report on the implications and 6 | |
| 31 | - | feasibility of using alternative methods other than an aerial survey to delineate SAV 7 | |
| 32 | - | protection zones on or before a certain date; and generally relating to submerged 8 | |
| 33 | - | aquatic vegetation surveys. 9 | |
| 21 | + | submerged aquatic vegetation to include other surveys that use certain data; 4 | |
| 22 | + | requiring the Department of Natural Resources to study and report on the 5 | |
| 23 | + | implications and feasibility of using alternative methods other than an aerial survey 6 | |
| 24 | + | to delineate SAV protection zones on or before a certain date; and generally relating 7 | |
| 25 | + | to submerged aquatic vegetation surveys. 8 | |
| 34 | 26 | ||
| 35 | - | BY repealing and reenacting, with amendments, | |
| 36 | - | Article – Natural Resources | |
| 37 | - | Section 4–1006.1 and 4–11A–01(n) | |
| 38 | - | Annotated Code of Maryland | |
| 39 | - | (2023 Replacement Volume and 2023 Supplement) | |
| 27 | + | BY repealing and reenacting, with amendments, 9 | |
| 28 | + | Article – Natural Resources 10 | |
| 29 | + | Section 4–1006.1 and 4–11A–01(n) 11 | |
| 30 | + | Annotated Code of Maryland 12 | |
| 31 | + | (2023 Replacement Volume and 2023 Supplement) 13 | |
| 40 | 32 | ||
| 41 | - | BY repealing and reenacting, without amendments, | |
| 42 | - | Article – Natural Resources | |
| 43 | - | Section 4–11A–01(a) | |
| 44 | - | Annotated Code of Maryland | |
| 45 | - | (2023 Replacement Volume and 2023 Supplement) | |
| 33 | + | BY repealing and reenacting, without amendments, 14 | |
| 34 | + | Article – Natural Resources 15 | |
| 35 | + | Section 4–11A–01(a) 16 | |
| 36 | + | Annotated Code of Maryland 17 | |
| 37 | + | (2023 Replacement Volume and 2023 Supplement) 18 | |
| 46 | 38 | ||
| 47 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 | |
| 48 | - | That the Laws of Maryland read as follows: 21 2 SENATE BILL 1140 | |
| 39 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 | |
| 40 | + | That the Laws of Maryland read as follows: 20 | |
| 41 | + | ||
| 42 | + | Article – Natural Resources 21 | |
| 43 | + | ||
| 44 | + | 4–1006.1. 22 | |
| 45 | + | ||
| 46 | + | (a) (1) In this section the following words have the meanings indicated. 23 | |
| 47 | + | 2 SENATE BILL 1140 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 50 | + | (2) “SAV PROTECTION ZONE ” MEANS AN AREA DELINE ATED BY THE 1 | |
| 51 | + | DEPARTMENT FOR THE PR OTECTION FROM UPROOT ING AND THE RESTORAT ION OF 2 | |
| 52 | + | SUBMERGED AQUATIC VE GETATION. 3 | |
| 51 | 53 | ||
| 52 | - | ||
| 54 | + | [(2)] (3) [“Aerial] “SAV survey” means [the]: 4 | |
| 53 | 55 | ||
| 54 | - | 4–1006.1. 2 | |
| 56 | + | (I) THE annual aerial survey compiled by the Virginia Institute of 5 | |
| 57 | + | Marine Sciences for the annual Bay–wide Submerged Aquatic Vegetation Mapping 6 | |
| 58 | + | Program; OR 7 | |
| 55 | 59 | ||
| 56 | - | ( | |
| 60 | + | (II) ANY OTHER SURVEY THAT USES DATA THAT : 8 | |
| 57 | 61 | ||
| 58 | - | (2) “SAV PROTECTION ZONE ” MEANS AN AREA DELINE ATED BY THE 4 | |
| 59 | - | DEPARTMENT FOR THE PR OTECTION FROM UPROOT ING AND THE RESTORAT ION OF 5 | |
| 60 | - | SUBMERGED AQUATIC VE GETATION. 6 | |
| 62 | + | 1. PERTAINS TO SUBMERGED AQUATIC VEGETATION IN 9 | |
| 63 | + | THE STATE; AND 10 | |
| 61 | 64 | ||
| 62 | - | | |
| 65 | + | 2. IS APPROVED BY THE DEPARTMENT . 11 | |
| 63 | 66 | ||
| 64 | - | (I) THE annual aerial SUBMERGED AQUATIC VE GETATION 8 | |
| 65 | - | survey compiled by the Virginia Institute of Marine Sciences for the annual Bay–wide 9 | |
| 66 | - | Submerged Aquatic Vegetation Mapping Program CHESAPEAKE BAY AND ATLANTIC 10 | |
| 67 | - | COASTAL BAYS; OR 11 | |
| 67 | + | [(3) “SAV protection zone” means an area delineated by the Department for 12 | |
| 68 | + | the protection from uprooting and the restoration of submerged aquatic vegetation.] 13 | |
| 68 | 69 | ||
| 69 | - | (II) ANY OTHER SURVEY THAT USES DATA THAT : 12 | |
| 70 | + | (b) (1) In 2004 and every 3 years thereafter, the Department shall update the 14 | |
| 71 | + | delineations of SAV protection zones that were completed in 2001. 15 | |
| 70 | 72 | ||
| 71 | - | 1. PERTAINS TO ENCOMPASSES THE DISTR IBUTION OF 13 | |
| 72 | - | SUBMERGED AQUATIC VE GETATION IN THE STATE; AND IN: 14 | |
| 73 | + | (2) The updated delineations shall include areas where submerged aquatic 16 | |
| 74 | + | vegetation has been mapped OR OBSERVED by [aerial] SAV surveys during at least 1 of 17 | |
| 75 | + | the previous 3 years. 18 | |
| 73 | 76 | ||
| 74 | - | A. THE CHESAPEAKE BAY; 15 | |
| 77 | + | (c) (1) Except as provided in paragraph (2) of this subsection, a previously 19 | |
| 78 | + | delineated SAV protection zone may be opened to the use of the gear set forth in subsection 20 | |
| 79 | + | (f) of this section during an update if: 21 | |
| 75 | 80 | ||
| 76 | - | B. THE ATLANTIC COASTAL BAYS; OR 16 | |
| 81 | + | (i) [Aerial] SAV surveys have not shown any submerged aquatic 22 | |
| 82 | + | vegetation in the area during the past 3 years; or 23 | |
| 77 | 83 | ||
| 78 | - | | |
| 79 | - | ||
| 84 | + | (ii) [Aerial] SAV surveys have shown the density of submerged 24 | |
| 85 | + | aquatic vegetation in that area to be less than 10% during each of the past 6 years. 25 | |
| 80 | 86 | ||
| 81 | - | 2 | |
| 82 | - | ||
| 83 | - | ||
| 87 | + | (2) The areas in the vicinity of Smith Island, South Marsh Island, and 26 | |
| 88 | + | Bloodsworth Island that were closed to hydraulic clam dredging in the 1999 delineation 27 | |
| 89 | + | shall be closed to the gear set forth in subsection (f) of this section and may not be reopened. 28 | |
| 84 | 90 | ||
| 85 | - | 2. 3. IS APPROVED BY THE DEPARTMENT . 22 | |
| 86 | - | ||
| 87 | - | [(3) “SAV protection zone” means an area delineated by the Department for 23 | |
| 88 | - | the protection from uprooting and the restoration of submerged aquatic vegetation.] 24 | |
| 89 | - | ||
| 90 | - | (b) (1) In 2004 and every 3 years thereafter, the Department shall update the 25 | |
| 91 | - | delineations of SAV protection zones that were completed in 2001. 26 | |
| 92 | - | ||
| 93 | - | (2) The updated delineations shall include areas where submerged aquatic 27 | |
| 94 | - | vegetation has been mapped OR OBSERVED by [aerial] SAV surveys during at least 1 of 28 | |
| 95 | - | the previous 3 years. 29 SENATE BILL 1140 3 | |
| 91 | + | (d) (1) To the extent possible, the Department shall adjust SAV protection 29 | |
| 92 | + | zones so that delineations are geographically manageable, utilizing straight lines and 30 | |
| 93 | + | existing points of reference. 31 | |
| 94 | + | SENATE BILL 1140 3 | |
| 96 | 95 | ||
| 97 | 96 | ||
| 97 | + | (2) (i) To the extent possible, an adjustment made in accordance with 1 | |
| 98 | + | paragraph (1) of this subsection shall result in no net loss or gain of protected area. 2 | |
| 98 | 99 | ||
| 99 | - | ( | |
| 100 | - | ||
| 101 | - | ||
| 100 | + | (ii) To the extent possible, to prevent the net loss or gain of protected 3 | |
| 101 | + | area resulting from an adjustment made in accordance with paragraph (1) of this 4 | |
| 102 | + | subsection, the adjustment may: 5 | |
| 102 | 103 | ||
| 103 | - | (i) [Aerial] SAV surveys have not shown any submerged aquatic 4 | |
| 104 | - | vegetation in the area during the past 3 years; or 5 | |
| 104 | + | 1. Exclude small areas of vegetated bottom; or 6 | |
| 105 | 105 | ||
| 106 | - | (ii) [Aerial] SAV surveys have shown the density of submerged 6 | |
| 107 | - | aquatic vegetation in that area to be less than 10% during each of the past 6 years. 7 | |
| 106 | + | 2. Include small areas of unvegetated bottom. 7 | |
| 108 | 107 | ||
| 109 | - | (2) The areas in the vicinity of Smith Island, South Marsh Island, and 8 | |
| 110 | - | Bloodsworth Island that were closed to hydraulic clam dredging in the 1999 delineation 9 | |
| 111 | - | shall be closed to the gear set forth in subsection (f) of this section and may not be reopened. 10 | |
| 108 | + | (e) The Department: 8 | |
| 112 | 109 | ||
| 113 | - | (d) (1) To the extent possible, the Department shall adjust SAV protection 11 | |
| 114 | - | zones so that delineations are geographically manageable, utilizing straight lines and 12 | |
| 115 | - | existing points of reference. 13 | |
| 110 | + | (1) Shall utilize buoys or other visible landmarks as appropriate to mark 9 | |
| 111 | + | SAV protection zones; 10 | |
| 116 | 112 | ||
| 117 | - | (2) | |
| 118 | - | ||
| 113 | + | (2) May make revisions to the delineations of SAV protection zones at any 11 | |
| 114 | + | time if determined to be necessary; and 12 | |
| 119 | 115 | ||
| 120 | - | (ii) To the extent possible, to prevent the net loss or gain of protected 16 | |
| 121 | - | area resulting from an adjustment made in accordance with paragraph (1) of this 17 | |
| 122 | - | subsection, the adjustment may: 18 | |
| 116 | + | (3) Shall publish, by public notice, delineations of SAV protection zones and 13 | |
| 117 | + | revisions to SAV protection zones. 14 | |
| 123 | 118 | ||
| 124 | - | | |
| 119 | + | (f) A person may not use the following gear in a SAV protection zone: 15 | |
| 125 | 120 | ||
| 126 | - | | |
| 121 | + | (1) A hydraulic clam dredge; 16 | |
| 127 | 122 | ||
| 128 | - | ( | |
| 123 | + | (2) A traditional bottom dredge; and 17 | |
| 129 | 124 | ||
| 130 | - | (1) Shall utilize buoys or other visible landmarks as appropriate to mark 22 | |
| 131 | - | SAV protection zones; 23 | |
| 125 | + | (3) A shinnecock rake. 18 | |
| 132 | 126 | ||
| 133 | - | (2) May make revisions to the delineations of SAV protection zones at any 24 | |
| 134 | - | time if determined to be necessary; and 25 | |
| 127 | + | (g) This section may not be construed to affect the authority of the Department 19 | |
| 128 | + | to adopt any additional measures that the Department determines are necessary to protect 20 | |
| 129 | + | submerged aquatic vegetation beds in the waters of the State. 21 | |
| 135 | 130 | ||
| 136 | - | (3) Shall publish, by public notice, delineations of SAV protection zones and 26 | |
| 137 | - | revisions to SAV protection zones. 27 | |
| 131 | + | 4–11A–01. 22 | |
| 138 | 132 | ||
| 139 | - | ( | |
| 133 | + | (a) In this subtitle the following words have the meanings indicated. 23 | |
| 140 | 134 | ||
| 141 | - | (1) A hydraulic clam dredge; 29 | |
| 135 | + | (n) “SAV Protection Zone” means an area of submerged aquatic vegetation as 24 | |
| 136 | + | mapped OR OBSERVED in [aerial surveys by the Virginia Institute of Marine Sciences] AN 25 | |
| 137 | + | SAV SURVEY, AS DEFINED IN § 4–1006.1 OF THIS TITLE, in 1 or more of the 5 years 26 | |
| 138 | + | preceding the designation of an Aquaculture Enterprise Zone or an application for a lease 27 | |
| 139 | + | under this subtitle. 28 | |
| 142 | 140 | ||
| 143 | - | | |
| 141 | + | SECTION 2. AND BE IT FURTHER ENACTED, That: 29 | |
| 144 | 142 | 4 SENATE BILL 1140 | |
| 145 | 143 | ||
| 146 | 144 | ||
| 147 | - | (3) A shinnecock rake. 1 | |
| 145 | + | (a) The Department of Natural Resources shall study and report on the 1 | |
| 146 | + | implications and feasibility of using alternative methods other than an aerial survey to 2 | |
| 147 | + | delineate SAV protection zones, as defined in § 4–1006.1 of the Natural Resources Article 3 | |
| 148 | + | as enacted by Section 1 of this Act. 4 | |
| 148 | 149 | ||
| 149 | - | (g) This section may not be construed to affect the authority of the Department 2 | |
| 150 | - | to adopt any additional measures that the Department determines are necessary to protect 3 | |
| 151 | - | submerged aquatic vegetation beds in the waters of the State. 4 | |
| 150 | + | (b) The report shall: 5 | |
| 152 | 151 | ||
| 153 | - | 4–11A–01. 5 | |
| 152 | + | (1) analyze the current benefits and drawbacks of using an aerial survey 6 | |
| 153 | + | to delineate SAV protection zones; 7 | |
| 154 | 154 | ||
| 155 | - | (a) In this subtitle the following words have the meanings indicated. 6 | |
| 155 | + | (2) analyze the implications and feasibility of using alternative methods or 8 | |
| 156 | + | technologies for delineating SAV protection zones; 9 | |
| 156 | 157 | ||
| 157 | - | (n) “SAV Protection Zone” means an area of submerged aquatic vegetation as 7 | |
| 158 | - | mapped OR OBSERVED in [aerial surveys by the Virginia Institute of Marine Sciences] AN 8 | |
| 159 | - | SAV SURVEY, AS DEFINED IN § 4–1006.1 OF THIS TITLE, in 1 or more of the 5 years 9 | |
| 160 | - | preceding the designation of an Aquaculture Enterprise Zone or an application for a lease 10 | |
| 161 | - | under this subtitle. 11 | |
| 158 | + | (3) analyze whether alternative methods or technologies may be used more 10 | |
| 159 | + | frequently than every 3 years to delineate SAV protection zones; and 11 | |
| 162 | 160 | ||
| 163 | - | SECTION 2. AND BE IT FURTHER E NACTED, That: 12 | |
| 161 | + | (4) analyze the benefits and drawbacks of increasing the look–back period 12 | |
| 162 | + | in § 4–1006.1(c) of the Natural Resources Article, as enacted by Section 1 of this Act. 13 | |
| 164 | 163 | ||
| 165 | - | (a) The Department of Natural Resources shall study and report on the 13 | |
| 166 | - | implications and feasibility of using alternative methods other than an aerial survey to 14 | |
| 167 | - | delineate SAV protection zones, as defined in § 4–1006.1 of the Natural Resources Article 15 | |
| 168 | - | as enacted by Section 1 of this Act. 16 | |
| 164 | + | (c) On or before December 31, 2024, the Department of Natural Resources shall 14 | |
| 165 | + | submit the report, in accordance with § 2–1257 of the State Government Article, to the 15 | |
| 166 | + | General Assembly. 16 | |
| 169 | 167 | ||
| 170 | - | (b) The report shall: 17 | |
| 171 | - | ||
| 172 | - | (1) analyze the current benefits and drawbacks of using an aerial survey 18 | |
| 173 | - | to delineate SAV protection zones; 19 | |
| 174 | - | ||
| 175 | - | (2) analyze the implications and feasibility of using alternative methods or 20 | |
| 176 | - | technologies for delineating SAV protection zones; 21 | |
| 177 | - | ||
| 178 | - | (3) analyze whether alternative methods or technologies may be used more 22 | |
| 179 | - | frequently than every 3 years to delineate SAV protection zones; and 23 | |
| 180 | - | ||
| 181 | - | (4) analyze the benefits and drawbacks of increasing the look–back period 24 | |
| 182 | - | in § 4–1006.1(c) of the Natural Resources Article, as enacted by Section 1 of this Act. 25 | |
| 183 | - | ||
| 184 | - | (c) On or before December 31, 2024 1, 2025, the Department of Natural Resources 26 | |
| 185 | - | shall submit the report, in accordance with § 2–1257 of the State Government Article, to 27 | |
| 186 | - | the General Assembly. 28 | |
| 187 | - | ||
| 188 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 29 | |
| 189 | - | 1, 2024. 30 | |
| 168 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 17 | |
| 169 | + | 1, 2024. 18 |