Maryland 2024 Regular Session

Maryland Senate Bill SB925 Compare Versions

Only one version of the bill is available at this time.

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	5	sb0925
6	6
7	7	SENATE BILL 925
8	8	M2 4lr3117
9	9	SB 637/23 – EEE CF 4lr3120
10	10	By: Senators Mautz, Carozza, and Hershey
11	11	Introduced and read first time: February 2, 2024
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Tidal Fish Licenses – Oyster Authorizations – Reinstatement 2
19	19
20	20	FOR the purpose of authorizing a person whose authorization to catch oysters is revoked 3
21	21	under certain provisions of law to apply for reinstatement of the authorization after 4
22	22	a certain period of time; requiring the Department of Natural Resources to establish 5
23	23	an Oyster Harvester Education Program; requiring an applicant for reinstatement 6
24	24	of an oyster authorization to successfully complete the Program; and generally 7
25	25	relating to the reinstatement of authorizations to catch oysters. 8
26	26
27	27	BY repealing and reenacting, with amendments, 9
28	28	Article – Natural Resources 10
29	29	Section 4–1210 11
30	30	Annotated Code of Maryland 12
31	31	(2023 Replacement Volume and 2023 Supplement) 13
32	32
33	33	BY adding to 14
34	34	Article – Natural Resources 15
35	35	Section 4–1210.1 16
36	36	Annotated Code of Maryland 17
37	37	(2023 Replacement Volume and 2023 Supplement) 18
38	38
39	39	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
40	40	That the Laws of Maryland read as follows: 20
41	41
42	42	Article – Natural Resources 21
43	43
44	44	4–1210. 22
45	45
46	46	(a) (1) In addition to any other penalty or fine provided in this title, a person 23
47	47	who holds an authorization to catch oysters under § 4–701 of this title and receives a 24 2 SENATE BILL 925
48	48
49	49
50	50	citation for an offense listed under paragraph (2) of this subsection may have the 1
51	51	authorization revoked in accordance with this section. 2
52	52
53	53	(2) The following offenses, committed in violation of this title or of any 3
54	54	regulation adopted under this title, are grounds for revocation of an authorization to catch 4
55	55	oysters under this section: 5
56	56
57	57	(i) Taking oysters located more than 200 feet within a closed or 6
58	58	prohibited area; 7
59	59
60	60	(ii) Taking oysters with gear that is prohibited in that area; 8
61	61
62	62	(iii) Taking oysters outside of a time restriction for the harvest of 9
63	63	oysters by more than 1 hour; 10
64	64
65	65	(iv) Taking oysters during closed seasons; and 11
66	66
67	67	(v) Taking oysters from a leased area by a person other than the 12
68	68	leaseholder or the leaseholder’s designee. 13
69	69
70	70	(b) (1) (i) Before the revocation of an authorization to catch oysters under 14
71	71	this section, the Department shall hold a hearing on the matter in accordance with the 15
72	72	Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article. 16
73	73
74	74	(ii) A hearing held under subparagraph (i) of this paragraph shall be 17
75	75	held within 90 days after the cited individual commits the offense listed under subsection 18
76	76	(a)(2) of this section. 19
77	77
78	78	(2) After a hearing is conducted under paragraph (1) of this subsection, if 20
79	79	the presiding officer finds or concludes that the person knowingly has committed an offense 21
80	80	listed under subsection (a)(2) of this section, the Department shall revoke the person’s 22
81	81	authorization to catch oysters. 23
82	82
83	83	(c) A person who is aggrieved by the final decision of the Department may obtain 24
84	84	judicial review of the decision in accordance with the Administrative Procedure Act under 25
85	85	Title 10, Subtitle 2 of the State Government Article. 26
86	86
87	87	(d) A person whose authorization has been revoked in accordance with this 27
88	88	section may not engage or work in the oyster fishery [whether or not it requires the use of 28
89	89	another license] WHILE THE AUTHORIZAT ION IS REVOKED . 29
90	90
91	91	(E) (1) A PERSON WHOSE AUTHORI ZATION TO CATCH OYST ERS IS 30
92	92	REVOKED UNDER THIS S ECTION MAY APPLY FOR REINSTATEMENT OF THE 31
93	93	AUTHORIZATION AT ANY TIME AFTER 5 YEARS FROM THE DATE OF REVOCATION . 32
94	94	SENATE BILL 925 3
95	95
96	96
97	97	(2) THE DEPARTMENT SHALL REQU IRE AN APPLICANT FOR 1
98	98	REINSTATEMENT TO SUC CESSFULLY COMPLETE T HE OYSTER HARVESTER 2
99	99	EDUCATION PROGRAM ESTABLISHED U NDER § 4–1210.1 OF THIS SUBTITLE. 3
100	100
101	101	4–1210.1. 4
102	102
103	103	(A) IN THIS SECTION , “PROGRAM” MEANS THE OYSTER HARVESTER 5
104	104	EDUCATION PROGRAM. 6
105	105
106	106	(B) THE DEPARTMENT SHALL ESTA BLISH AN OYSTER HARVESTER 7
107	107	EDUCATION PROGRAM TO PROVIDE RE HABILITATION TO INDI VIDUALS WHOSE 8
108	108	AUTHORIZATIONS TO CA TCH OYSTERS HAVE BEE N REVOKED UND ER § 4–1210 OF 9
109	109	THIS SUBTITLE. 10
110	110
111	111	(C) THE DEPARTMENT SHALL DETE RMINE THE CONTENTS O F THE 11
112	112	PROGRAM. 12
113	113
114	114	(D) THE DEPARTMENT MAY CHARGE A REASONABLE FEE , BASED ON THE 13
115	115	COST OF OPERATING TH E PROGRAM, TO INDIVIDUALS WHO P ARTICIPATE IN THE 14
116	116	PROGRAM. 15
117	117
118	118	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
119	119	1, 2024. 17