EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0925*
SENATE BILL 925
M2 4lr3117
SB 637/23 – EEE CF 4lr3120
By: Senators Mautz, Carozza, and Hershey
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Tidal Fish Licenses – Oyster Authorizations – Reinstatement 2
FOR the purpose of authorizing a person whose authorization to catch oysters is revoked 3
under certain provisions of law to apply for reinstatement of the authorization after 4
a certain period of time; requiring the Department of Natural Resources to establish 5
an Oyster Harvester Education Program; requiring an applicant for reinstatement 6
of an oyster authorization to successfully complete the Program; and generally 7
relating to the reinstatement of authorizations to catch oysters. 8
BY repealing and reenacting, with amendments, 9
Article – Natural Resources 10
Section 4–1210 11
Annotated Code of Maryland 12
(2023 Replacement Volume and 2023 Supplement) 13
BY adding to 14
Article – Natural Resources 15
Section 4–1210.1 16
Annotated Code of Maryland 17
(2023 Replacement Volume and 2023 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Natural Resources 21
4–1210. 22
(a) (1) In addition to any other penalty or fine provided in this title, a person 23
who holds an authorization to catch oysters under § 4–701 of this title and receives a 24 2 SENATE BILL 925
citation for an offense listed under paragraph (2) of this subsection may have the 1
authorization revoked in accordance with this section. 2
(2) The following offenses, committed in violation of this title or of any 3
regulation adopted under this title, are grounds for revocation of an authorization to catch 4
oysters under this section: 5
(i) Taking oysters located more than 200 feet within a closed or 6
prohibited area; 7
(ii) Taking oysters with gear that is prohibited in that area; 8
(iii) Taking oysters outside of a time restriction for the harvest of 9
oysters by more than 1 hour; 10
(iv) Taking oysters during closed seasons; and 11
(v) Taking oysters from a leased area by a person other than the 12
leaseholder or the leaseholder’s designee. 13
(b) (1) (i) Before the revocation of an authorization to catch oysters under 14
this section, the Department shall hold a hearing on the matter in accordance with the 15
Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article. 16
(ii) A hearing held under subparagraph (i) of this paragraph shall be 17
held within 90 days after the cited individual commits the offense listed under subsection 18
(a)(2) of this section. 19
(2) After a hearing is conducted under paragraph (1) of this subsection, if 20
the presiding officer finds or concludes that the person knowingly has committed an offense 21
listed under subsection (a)(2) of this section, the Department shall revoke the person’s 22
authorization to catch oysters. 23
(c) A person who is aggrieved by the final decision of the Department may obtain 24
judicial review of the decision in accordance with the Administrative Procedure Act under 25
Title 10, Subtitle 2 of the State Government Article. 26
(d) A person whose authorization has been revoked in accordance with this 27
section may not engage or work in the oyster fishery [whether or not it requires the use of 28
another license] WHILE THE AUTHORIZAT ION IS REVOKED . 29
(E) (1) A PERSON WHOSE AUTHORI ZATION TO CATCH OYST ERS IS 30
REVOKED UNDER THIS S ECTION MAY APPLY FOR REINSTATEMENT OF THE 31
AUTHORIZATION AT ANY TIME AFTER 5 YEARS FROM THE DATE OF REVOCATION . 32
SENATE BILL 925 3
(2) THE DEPARTMENT SHALL REQU IRE AN APPLICANT FOR 1
REINSTATEMENT TO SUC CESSFULLY COMPLETE T HE OYSTER HARVESTER 2
EDUCATION PROGRAM ESTABLISHED U NDER § 4–1210.1 OF THIS SUBTITLE. 3
4–1210.1. 4
(A) IN THIS SECTION , “PROGRAM” MEANS THE OYSTER HARVESTER 5
EDUCATION PROGRAM. 6
(B) THE DEPARTMENT SHALL ESTA BLISH AN OYSTER HARVESTER 7
EDUCATION PROGRAM TO PROVIDE RE HABILITATION TO INDI VIDUALS WHOSE 8
AUTHORIZATIONS TO CA TCH OYSTERS HAVE BEE N REVOKED UND ER § 4–1210 OF 9
THIS SUBTITLE. 10
(C) THE DEPARTMENT SHALL DETE RMINE THE CONTENTS O F THE 11
PROGRAM. 12
(D) THE DEPARTMENT MAY CHARGE A REASONABLE FEE , BASED ON THE 13
COST OF OPERATING TH E PROGRAM, TO INDIVIDUALS WHO P ARTICIPATE IN THE 14
PROGRAM. 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16
1, 2024. 17