MD
Maryland Senate Bill SB301

Maryland 2024 Regular Session

Maryland Senate Bill SB301 Compare Versions

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1- WES MOORE, Governor Ch. 113
21
3-– 1 –
4-Chapter 113
5-(Senate Bill 301)
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+ *sb0301*
89
9-Aquaculture – Placement of Shellfish, Bags, Nets, and Structures on Submerged
10-Aquatic Vegetation – Extension
10+SENATE BILL 301
11+M2 4lr0289
12+HB 841/19 – ENT (PRE–FILED) CF 4lr0290
13+By: Chair, Education, Energy, and the Environment Committee (By Request –
14+Departmental – Natural Resources)
15+Requested: September 8, 2023
16+Introduced and read first time: January 10, 2024
17+Assigned to: Education, Energy, and the Environment
18+Committee Report: Favorable with amendments
19+Senate action: Adopted
20+Read second time: February 3, 2024
1121
12-FOR the purpose of extending the authorization of a leaseholder of certain aquaculture
13-leases to, with prior written approval from the Department of Natural Resources,
14-place shellfish, bags, nets, and structures on submerged aquatic vegetation, subject
15-to certain requirements; and generally relating to aquaculture leases and submerged
16-aquatic vegetation.
22+CHAPTER ______
1723
18-BY repealing and reenacting, without amendments,
19- Article – Natural Resources
20- Section 4–11A–10(c) and (c–1)
21- Annotated Code of Maryland
22- (2023 Replacement Volume and 2023 Supplement)
24+AN ACT concerning 1
2325
24-BY repealing and reenacting, with amendments,
25- Chapter 238 of the Acts of the General Assembly of 2019
26- Section 3
26+Aquaculture – Placement of Shellfish, Bags, Nets, and Structures on Submerged 2
27+Aquatic Vegetation – Extension 3
2728
28- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
29-That the Laws of Maryland read as follows:
29+FOR the purpose of extending the authorization of a leaseholder of certain aquaculture 4
30+leases to, with prior written approval from the Department of Natural Resources, 5
31+place shellfish, bags, nets, and structures on submerged aquatic vegetation, subject 6
32+to certain requirements; and generally relating to aquaculture leases and submerged 7
33+aquatic vegetation. 8
3034
31-Article – Natural Resources
35+BY repealing and reenacting, without amendments, 9
36+ Article – Natural Resources 10
37+ Section 4–11A–10(c) and (c–1) 11
38+ Annotated Code of Maryland 12
39+ (2023 Replacement Volume and 2023 Supplement) 13
3240
33-4–11A–10.
41+BY repealing and reenacting, with amendments, 14
42+ Chapter 238 of the Acts of the General Assembly of 2019 15
43+ Section 3 16
3444
35- (c) A leaseholder may not:
45+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
46+That the Laws of Maryland read as follows: 18
3647
37- (1) Place shellfish, bags, nets, or structures on submerged aquatic
38-vegetation without prior written approval from the Department;
48+Article – Natural Resources 19 2 SENATE BILL 301
3949
40- (2) Plant or harvest shellfish within 500 yards of any stationary blind or
41-blind site that is occupied and being used for hunting migratory waterfowl;
4250
43- (3) Sublease a lease;
4451
45- (4) Transfer a lease without the approval of the Department;
52+4–11A–10. 1
4653
47- (5) Harvest shellfish between the hours of sunset and sunrise; or
54+ (c) A leaseholder may not: 2
4855
49- (6) Place unlawfully harvested oysters on a lease. Ch. 113 2024 LAWS OF MARYLAND
56+ (1) Place shellfish, bags, nets, or structures on submerged aquatic 3
57+vegetation without prior written approval from the Department; 4
5058
51-– 2 –
59+ (2) Plant or harvest shellfish within 500 yards of any stationary blind or 5
60+blind site that is occupied and being used for hunting migratory waterfowl; 6
5261
53- (c–1) In approving the placement of shellfish, bags, nets, or structures on
54-submerged aquatic vegetation under subsection (c)(1) of this section, the Department:
62+ (3) Sublease a lease; 7
5563
56- (1) May not authorize harvesting by dredge in areas where submerged
57-aquatic vegetation is present;
64+ (4) Transfer a lease without the approval of the Department; 8
5865
59- (2) Shall authorize for water column leases the placement of shellfish,
60-bags, nets, or structures in at least 10% of the area where submerged aquatic vegetation is
61-present; and
66+ (5) Harvest shellfish between the hours of sunset and sunrise; or 9
6267
63- (3) Shall authorize harvest by diving in areas on any submerged land lease
64-where submerged aquatic vegetation is present.
68+ (6) Place unlawfully harvested oysters on a lease. 10
6569
66-Chapter 238 of the Acts of 2019
70+ (c–1) In approving the placement of shellfish, bags, nets, or structures on 11
71+submerged aquatic vegetation under subsection (c)(1) of this section, the Department: 12
6772
68- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June
69-1, 2019. It shall remain effective for a period of [5] 8 years and 1 month and, at the end of
70-June 30, [2024] 2027, this Act, with no further action required by the General Assembly,
71-shall be abrogated and of no further force and effect.
73+ (1) May not authorize harvesting by dredge in areas where submerged 13
74+aquatic vegetation is present; 14
7275
73- SECTION 2. AND BE IT FURTHER ENACTED , That on or before June 1, 2025, and
74-each June 1 for the next 2 years thereafter, the Department of Natural Resources shall
75-report to the Aquaculture Coordinating Council, the Chesapeake Bay Program, and, in
76-accordance with § 2–1257 of the State Government Article, the General Assembly on:
76+ (2) Shall authorize for water column leases the placement of shellfish, 15
77+bags, nets, or structures in at least 10% of the area where submerged aquatic vegetation is 16
78+present; and 17
7779
78- (1) the farm–level and cumulative impacts that placing shellfish, bags,
79-nets, or structures on submerged aquatic vegetation with prior written approval from the
80-Department has had on submerged aquatic vegetation and leaseholders;
80+ (3) Shall authorize harvest by diving in areas on any submerged land lease 18
81+where submerged aquatic vegetation is present. 19
8182
82- (2) the number of leases that have submerged aquatic vegetation present
83-in the lease area and the species, density, and aerial extent of submerged aquatic
84-vegetation in those leases;
83+Chapter 238 of the Acts of 2019 20
8584
86- (3) the characteristics of gear types and the nature and frequency of
87-aquaculture practices used on leases where submerged aquatic vegetation is present; and
85+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 21
86+1, 2019. It shall remain effective for a period of [5] 8 years and 1 month and, at the end of 22
87+June 30, [2024] 2027, this Act, with no further action required by the General Assembly, 23
88+shall be abrogated and of no further force and effect. 24
8889
89- (4) any other information the Department considers necessary.
90+ SECTION 2. AND BE IT FURTHER ENACTED, That on or before June 1, 2025, and 25
91+each June 1 for the next 2 years thereafter, the Department of Natural Resources shall 26
92+report to the Aquaculture Coordinating Council, the Chesapeake Bay Program, and, in 27
93+accordance with § 2–1257 of the State Government Article, the General Assembly on: 28
9094
91- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
92-June 1, 2024.
95+ (1) the farm–level and cumulative impacts that placing shellfish, bags, 29
96+nets, or structures on submerged aquatic vegetation with prior written approval from the 30
97+Department has had on submerged aquatic vegetation and leaseholders; 31 SENATE BILL 301 3
9398
94-Approved by the Governor, April 9, 2024.
99+
100+
101+ (2) the number of leases that have submerged aquatic vegetation present 1
102+in the lease area and the species, density, and aerial extent of submerged aquatic 2
103+vegetation in those leases; 3
104+
105+ (3) the characteristics of gear types and the nature and frequency of 4
106+aquaculture practices used on leases where submerged aquatic vegetation is present; and 5
107+
108+ (4) any other information the Department considers necessary. 6
109+
110+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
111+June 1, 2024. 8
112+
113+
114+
115+
116+Approved:
117+________________________________________________________________________________
118+ Governor.
119+________________________________________________________________________________
120+ President of the Senate.
121+________________________________________________________________________________
122+ Speaker of the House of Delegates.