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1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW. | |
4 | 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 | 5 | *sb0186* | |
9 | 6 | ||
10 | 7 | SENATE BILL 186 | |
11 | - | M2 | |
12 | - | (PRE–FILED) | |
13 | - | By: Senator Bailey | |
8 | + | M2 5lr1155 | |
9 | + | (PRE–FILED) | |
10 | + | By: Senator Bailey | |
14 | 11 | Requested: October 9, 2024 | |
15 | 12 | Introduced and read first time: January 8, 2025 | |
16 | 13 | Assigned to: Education, Energy, and the Environment | |
17 | - | Committee Report: Favorable with amendments | |
18 | - | Senate action: Adopted | |
19 | - | Read second time: February 24, 2025 | |
20 | 14 | ||
21 | - | ||
15 | + | A BILL ENTITLED | |
22 | 16 | ||
23 | 17 | AN ACT concerning 1 | |
24 | 18 | ||
25 | 19 | Commercial Blue and Flathead Catfish Finfish Trotline License – Prohibited 2 | |
26 | 20 | Regulations 3 | |
27 | - | Natural Resources – Invasive Blue Catfish Pilot Program 4 | |
28 | 21 | ||
29 | - | FOR the purpose of prohibiting certain regulations adopted by the Department of Natural 5 | |
30 | - | Resources from prohibiting the holder of a commercial blue and flathead catfish 6 | |
31 | - | finfish trotline license from fishing in a certain part of the Chesapeake Bay; and 7 | |
32 | - | generally relating to the commercial blue and flathead catfish finfish trotline license 8 | |
33 | - | establishing the Invasive Blue Catfish Pilot Program to curb the spread of the 9 | |
34 | - | invasive blue catfish in the Chesapeake Bay and its tributaries; and generally 10 | |
35 | - | relating to the establishment of the Invasive Blue Catfish Pilot Program. 11 | |
22 | + | FOR the purpose of prohibiting certain regulations adopted by the Department of Natural 4 | |
23 | + | Resources from prohibiting the holder of a commercial blue and flathead catfish 5 | |
24 | + | finfish trotline license from fishing in a certain part of the Chesapeake Bay; and 6 | |
25 | + | generally relating to the commercial blue and flathead catfish finfish trotline license. 7 | |
36 | 26 | ||
37 | - | BY repealing and reenacting, with amendments, | |
38 | - | Article – Natural Resources | |
39 | - | Section 4–701.2 | |
40 | - | Annotated Code of Maryland | |
41 | - | (2023 Replacement Volume and 2024 Supplement) | |
27 | + | BY repealing and reenacting, with amendments, 8 | |
28 | + | Article – Natural Resources 9 | |
29 | + | Section 4–701.2 10 | |
30 | + | Annotated Code of Maryland 11 | |
31 | + | (2023 Replacement Volume and 2024 Supplement) 12 | |
42 | 32 | ||
43 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
44 | - | That the Laws of Maryland read as follows: | |
33 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 | |
34 | + | That the Laws of Maryland read as follows: 14 | |
45 | 35 | ||
46 | - | Article – Natural Resources | |
36 | + | Article – Natural Resources 15 | |
47 | 37 | ||
48 | - | 4–701.2. 20 2 SENATE BILL 186 | |
38 | + | 4–701.2. 16 | |
39 | + | ||
40 | + | (a) There is a commercial blue and flathead catfish finfish trotline license. 17 | |
41 | + | ||
42 | + | (b) (1) The license authorizes the holder to catch for sale blue and flathead 18 | |
43 | + | catfish in the tidal waters of the State using a finfish trotline, as defined in Department 19 | |
44 | + | regulations. 20 | |
45 | + | ||
46 | + | (2) (I) A licensee shall fish in accordance with Department regulations. 21 | |
47 | + | 2 SENATE BILL 186 | |
49 | 48 | ||
50 | 49 | ||
50 | + | (II) REGULATIONS ADOPTED UNDER SUBPARA GRAPH (I) OF 1 | |
51 | + | THIS PARAGRAPH MAY NOT PROHIBIT A L ICENSEE FROM FISHING IN THE MAIN STEM 2 | |
52 | + | OF THE CHESAPEAKE BAY THAT IS SOUTH OF THE CHESAPEAKE BAY BRIDGE. 3 | |
51 | 53 | ||
52 | - | (a) There is a commercial blue and flathead catfish finfish trotline license. 1 | |
54 | + | (c) A person who wishes to obtain the license shall complete and submit an 4 | |
55 | + | application for the license to the Department or any person designated by the Department. 5 | |
53 | 56 | ||
54 | - | (b) (1) The license authorizes the holder to catch for sale blue and flathead 2 | |
55 | - | catfish in the tidal waters of the State using a finfish trotline, as defined in Department 3 | |
56 | - | regulations. 4 | |
57 | + | (d) An applicant for the license does not need to hold a tidal fish license under § 6 | |
58 | + | 4–701 of this subtitle to be eligible for the license. 7 | |
57 | 59 | ||
58 | - | (2) (I) A licensee shall fish in accordance with Department regulations. 5 | |
60 | + | (e) The term of the license is 1 year from September 1 through August 31 the 8 | |
61 | + | following year. 9 | |
59 | 62 | ||
60 | - | (II) REGULATIONS ADOPTED U NDER SUBPARAGRAPH (I) OF 6 | |
61 | - | THIS PARAGRAPH MAY N OT PROHIBIT A LICENS EE FROM FISHING IN T HE MAIN STEM 7 | |
62 | - | OF THE CHESAPEAKE BAY THAT IS SOUTH OF THE CHESAPEAKE BAY BRIDGE. 8 | |
63 | + | (f) The annual license fee is $15. 10 | |
63 | 64 | ||
64 | - | (c) A person who wishes to obtain the license shall complete and submit an 9 | |
65 | - | application for the license to the Department or any person designated by the Department. 10 | |
65 | + | (g) A licensee may not transfer a license issued under this section. 11 | |
66 | 66 | ||
67 | - | ( | |
68 | - | ||
67 | + | (h) A licensee shall have a commercial blue and flathead catfish finfish trotline 12 | |
68 | + | license in the licensee’s possession when the licensee fishes under the license. 13 | |
69 | 69 | ||
70 | - | (e) The term of the license is 1 year from September 1 through August 31 the 13 | |
71 | - | following year. 14 | |
72 | - | ||
73 | - | (f) The annual license fee is $15. 15 | |
74 | - | ||
75 | - | (g) A licensee may not transfer a license issued under this section. 16 | |
76 | - | ||
77 | - | (h) A licensee shall have a commercial blue and flathead catfish finfish trotline 17 | |
78 | - | license in the licensee’s possession when the licensee fishes under the license. 18 | |
79 | - | ||
80 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19 | |
81 | - | 1, 2025. 20 | |
82 | - | ||
83 | - | (a) The Department of Natural Resources, in coordination with the Invasive 21 | |
84 | - | Catfish Advisory Committee, shall establish the Invasive Blue Catfish Pilot Program. 22 | |
85 | - | ||
86 | - | (b) The purpose of the Pilot Program is to curb the spread of the invasive blue 23 | |
87 | - | catfish in the Chesapeake Bay and its tributaries. 24 | |
88 | - | ||
89 | - | (c) The Pilot Program consists of: 25 | |
90 | - | ||
91 | - | (1) the For–Hire/Commercial Blue Catfish Program; 26 | |
92 | - | ||
93 | - | (2) the Mid– and Lower–Bay Blue Catfish Trotline Program; and 27 | |
94 | - | ||
95 | - | (3) any other program that the Department determines to be effective in 28 | |
96 | - | curbing the spread of blue catfish in the Chesapeake Bay and its tributaries. 29 | |
97 | - | SENATE BILL 186 3 | |
98 | - | ||
99 | - | ||
100 | - | (d) (1) Under the For–Hire/Commercial Blue Catfish Program, the 1 | |
101 | - | Department may: 2 | |
102 | - | ||
103 | - | (i) authorize eligible participants to run for–hire and commercial 3 | |
104 | - | fishing trips simultaneously; and 4 | |
105 | - | ||
106 | - | (ii) make any regulatory or administrative changes it believes will 5 | |
107 | - | increase the commercial harvest of blue catfish. 6 | |
108 | - | ||
109 | - | (2) (i) Under the Mid– and Lower–Bay Blue Catfish Trotline Program, 7 | |
110 | - | the Department shall authorize the use of finfish trotlines south of the William Preston 8 | |
111 | - | Lane Jr. Memorial Bridge to the maximum extent feasible to harvest blue catfish. 9 | |
112 | - | ||
113 | - | (ii) The Department may restrict the areas south of the William 10 | |
114 | - | Preston Lane Jr. Memorial Bridge where finfish trotlines may be used to harvest blue 11 | |
115 | - | catfish based on potential bycatch, user conflicts, or other issues it considers relevant. 12 | |
116 | - | ||
117 | - | (e) In implementing the Pilot Program, the Department shall consider for the 13 | |
118 | - | harvest of blue catfish: 14 | |
119 | - | ||
120 | - | (1) authorizing the use of electrofishing; 15 | |
121 | - | ||
122 | - | (2) authorizing the use of finfish trotlines of up to 2,400 feet in length; 16 | |
123 | - | ||
124 | - | (3) eliminating any limits on the number of hooks used on a finfish trotline; 17 | |
125 | - | and 18 | |
126 | - | ||
127 | - | (4) authorizing the use of hooks that are not corrodible. 19 | |
128 | - | ||
129 | - | (f) The Department shall: 20 | |
130 | - | ||
131 | - | (1) expand the use of practices determined to be effective under the Pilot 21 | |
132 | - | Program throughout the duration of the Pilot Program; and 22 | |
133 | - | ||
134 | - | (2) continue to implement and update the Pilot Program until the 23 | |
135 | - | termination date of this Act. 24 | |
136 | - | ||
137 | - | (g) On or before December 1, 2025, the Department shall report to the Governor 25 | |
138 | - | and, in accordance with § 2–1257 of the State Government Article, the General Assembly 26 | |
139 | - | on its findings and recommendations under the Pilot Program. 27 | |
140 | - | ||
141 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 28 | |
142 | - | measure, is necessary for the immediate preservation of the public health or safety, has 29 | |
143 | - | been passed by a yea and nay vote supported by three–fifths of all the members elected to 30 | |
144 | - | each of the two Houses of the General Assembly, and shall take effect from the date it is 31 | |
145 | - | enacted. It shall remain effective through June 30, 2026, and, at the end of June 30, 2026, 32 4 SENATE BILL 186 | |
146 | - | ||
147 | - | ||
148 | - | this Act, with no further action required by the General Assembly, shall be abrogated and 1 | |
149 | - | of no further force and effect. 2 | |
150 | - | ||
151 | - | ||
152 | - | ||
153 | - | ||
154 | - | Approved: | |
155 | - | ________________________________________________________________________________ | |
156 | - | Governor. | |
157 | - | ________________________________________________________________________________ | |
158 | - | President of the Senate. | |
159 | - | ________________________________________________________________________________ | |
160 | - | Speaker of the House of Delegates. | |
70 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14 | |
71 | + | 1, 2025. 15 |