EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0301*
SENATE BILL 301
M2 4lr0289
HB 841/19 – ENT (PRE–FILED) CF 4lr0290
By: Chair, Education, Energy, and the Environment Committee (By Request –
Departmental – Natural Resources)
Requested: September 8, 2023
Introduced and read first time: January 10, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Aquaculture – Placement of Shellfish, Bags, Nets, and Structures on Submerged 2
Aquatic Vegetation – Extension 3
FOR the purpose of extending the authorization of a leaseholder of certain aquaculture 4
leases to, with prior written approval from the Department of Natural Resources, 5
place shellfish, bags, nets, and structures on submerged aquatic vegetation, subject 6
to certain requirements; and generally relating to aquaculture leases and submerged 7
aquatic vegetation. 8
BY repealing and reenacting, without amendments, 9
Article – Natural Resources 10
Section 4–11A–10(c) and (c–1) 11
Annotated Code of Maryland 12
(2023 Replacement Volume and 2023 Supplement) 13
BY repealing and reenacting, with amendments, 14
Chapter 238 of the Acts of the General Assembly of 2019 15
Section 3 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Natural Resources 19
4–11A–10. 20
(c) A leaseholder may not: 21
2 SENATE BILL 301
(1) Place shellfish, bags, nets, or structures on submerged aquatic 1
vegetation without prior written approval from the Department; 2
(2) Plant or harvest shellfish within 500 yards of any stationary blind or 3
blind site that is occupied and being used for hunting migratory waterfowl; 4
(3) Sublease a lease; 5
(4) Transfer a lease without the approval of the Department; 6
(5) Harvest shellfish between the hours of sunset and sunrise; or 7
(6) Place unlawfully harvested oysters on a lease. 8
(c–1) In approving the placement of shellfish, bags, nets, or structures on 9
submerged aquatic vegetation under subsection (c)(1) of this section, the Department: 10
(1) May not authorize harvesting by dredge in areas where submerged 11
aquatic vegetation is present; 12
(2) Shall authorize for water column leases the placement of shellfish, 13
bags, nets, or structures in at least 10% of the area where submerged aquatic vegetation is 14
present; and 15
(3) Shall authorize harvest by diving in areas on any submerged land lease 16
where submerged aquatic vegetation is present. 17
Chapter 238 of the Acts of 2019 18
SECTION 3. AND BE IT FURTHER ENACTED, That th is Act shall take effect June 19
1, 2019. It shall remain effective for a period of [5] 8 years and 1 month and, at the end of 20
June 30, [2024] 2027, this Act, with no further action required by the General Assembly, 21
shall be abrogated and of no further force and effect. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 23
1, 2024. 24