EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0893*
HOUSE BILL 893
M2 5lr1447
CF SB 76
By: Delegates Jacobs, Adams, Arentz, Arikan, Boyce, Chisholm, Ghrist, Grammer,
Hutchinson, T. Morgan, Nawrocki, Otto, Schmidt, and Wivell
Introduced and read first time: January 30, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Tidal Fish Licenses – Oyster Authorizations – Administrative Penalties 2
FOR the purpose of requiring the Department of Natural Resources to suspend for certain 3
time periods, rather than revoke, a person’s oyster authorization for knowingly 4
committing certain violations in the oyster fishery; requiring the reinstatement of a 5
person’s entitlement to engage in the oyster fishery under certain circumstances; 6
altering a certain offense related to the use of prohibited gear that serves as grounds 7
for suspension of an oyster authorization; repealing a certain time period within 8
which a certain administrative hearing must be held; and generally relating to 9
administrative penalties for oyster authorizations. 10
BY repealing and reenacting, with amendments, 11
Article – Natural Resources 12
Section 4–1210 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Natural Resources 18
4–1210. 19
(a) (1) In addition to any other penalty or fine provided in this title, a person 20
who holds an authorization to catch oysters under § 4–701 of this title and receives a 21
citation for an offense listed under paragraph (2) of this subsection may, IN ACCORDANCE 22
WITH THIS SECTION , have the authorization [revoked in accordance with this section]: 23
2 HOUSE BILL 893
(I) FOR A FIRST VIOLATION , SUSPENDED FOR UP TO 2 YEARS; 1
AND 2
(II) FOR A SECOND OR SUBSE QUENT VIOLATION , SUSPENDED 3
FOR UP TO 10 YEARS. 4
(2) The following offenses, committed in violation of this title or of any 5
regulation adopted under this title, are grounds for [revocation] SUSPENSION of an 6
authorization to catch oysters under this section: 7
(i) Taking oysters located more than 200 feet within a closed or 8
prohibited area; 9
(ii) Taking oysters with gear that is prohibited in that area WHILE 10
MORE THAN 200 FEET WITHIN THE PROH IBITED AREA; 11
(iii) Taking oysters outside of a time restriction for the harvest of 12
oysters by more than 1 hour; 13
(iv) Taking oysters during closed seasons; and 14
(v) Taking oysters from a leased area by a person other than the 15
leaseholder or the leaseholder’s designee. 16
(b) (1) [(i)] Before the [revocation] SUSPENSION of an authorization to 17
catch oysters under this section, the Department shall hold a hearing on the matter in 18
accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State 19
Government Article. 20
[(ii) A hearing held under subparagraph (i) of this paragraph shall be 21
held within 90 days after the cited individual commits the offense listed under subsection 22
(a)(2) of this section.] 23
(2) After a hearing is conducted under paragraph (1) of this subsection, if 24
the presiding officer finds or concludes that the person knowingly has committed an offense 25
listed under subsection (a)(2) of this section, the Department shall [revoke] SUSPEND the 26
person’s authorization to catch oysters IN ACCORDANCE WITH S UBSECTION (A)(1) OF 27
THIS SECTION. 28
(c) A person who is aggrieved by the final decision of the Department may obtain 29
judicial review of the decision in accordance with the Administrative Procedure Act under 30
Title 10, Subtitle 2 of the State Government Article. 31
(d) A person whose authorization has been [revoked] SUSPENDED in accordance 32
with this section may not engage or work in the oyster fishery WHILE SUSPENDED whether 33
or not [it] THE WORK requires the use of another license. 34 HOUSE BILL 893 3
(E) (1) THIS SUBSECTION APPLI ES TO A PERSON ’S AUTHORIZATION TO 1
CATCH OYSTERS THAT W AS REVOKED UNDER THI S SECTION BEFORE JULY 1, 2025. 2
(2) A PERSON DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION 3
SHALL HAVE THEIR ENT ITLEMENT TO ENGAGE I N THE OYSTER FISHERY 4
REINSTATED IF: 5
(I) 1. THE AUTHORIZATION HAS BEEN REVOKED FOR AT 6
LEAST 2 YEARS; AND 7
2. THE REVOCATION WAS TH E PERSON’S FIRST OFFENSE 8
ADJUDICATED AS A KNO WING VIOLATION UNDER THIS SECTION; OR 9
(II) 1. THE AUTHORIZATION HAS BEEN REVOKED FOR AT 10
LEAST 10 YEARS; AND 11
2. THE REVOCATION WAS TH E PERSON’S SECOND OR 12
SUBSEQUENT OFFENSE A DJUDICATED AS A KNOW ING VIOLATION UNDER THIS 13
SECTION. 14
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15
1, 2025. 16