WES MOORE, Governor Ch. 113
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Chapter 113
(Senate Bill 301)
AN ACT concerning
Aquaculture – Placement of Shellfish, Bags, Nets, and Structures on Submerged
Aquatic Vegetation – Extension
FOR the purpose of extending the authorization of a leaseholder of certain aquaculture
leases to, with prior written approval from the Department of Natural Resources,
place shellfish, bags, nets, and structures on submerged aquatic vegetation, subject
to certain requirements; and generally relating to aquaculture leases and submerged
aquatic vegetation.
BY repealing and reenacting, without amendments,
Article – Natural Resources
Section 4–11A–10(c) and (c–1)
Annotated Code of Maryland
(2023 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Chapter 238 of the Acts of the General Assembly of 2019
Section 3
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.
(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; or
(6) Place unlawfully harvested oysters on a lease. Ch. 113 2024 LAWS OF MARYLAND
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(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.
Chapter 238 of the Acts of 2019
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2019. It shall remain effective for a period of [5] 8 years and 1 month and, at the end of
June 30, [2024] 2027, this Act, with no further action required by the General Assembly,
shall be abrogated and of no further force and effect.
SECTION 2. AND BE IT FURTHER ENACTED , That on or before June 1, 2025, and
each June 1 for the next 2 years thereafter, the Department of Natural Resources shall
report to the Aquaculture Coordinating Council, the Chesapeake Bay Program, and, in
accordance with § 2–1257 of the State Government Article, the General Assembly on:
(1) the farm–level and cumulative impacts that placing shellfish, bags,
nets, or structures on submerged aquatic vegetation with prior written approval from the
Department has had on submerged aquatic vegetation and leaseholders;
(2) the number of leases that have submerged aquatic vegetation present
in the lease area and the species, density, and aerial extent of submerged aquatic
vegetation in those leases;
(3) the characteristics of gear types and the nature and frequency of
aquaculture practices used on leases where submerged aquatic vegetation is present; and
(4) any other information the Department considers necessary.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
June 1, 2024.
Approved by the Governor, April 9, 2024.