EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0076*
SENATE BILL 76
M2 5lr1446
(PRE–FILED) CF HB 893
By: Senator Bailey
Requested: October 29, 2024
Introduced and read first time: January 8, 2025
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 9, 2025
CHAPTER ______
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 a certain 3
time periods period, rather than revoke, a person’s oyster authorization for a first 4
offense of knowingly committing certain violations in the oyster fishery; requiring 5
the Department to reinstate a person’s revoked oyster authorization under certain 6
circumstances providing for the reinstatement for certain persons of an oyster 7
authorization and an entitlement to engage or work in the oyster fishery; altering a 8
certain offense related to the use of prohibited gear that serves as grounds for 9
suspension of an oyster authorization; repealing a certain time period within which 10
a certain administrative hearing must be held; and generally relating to 11
administrative penalties for oyster authorizations. 12
BY repealing and reenacting, with amendments, 13
Article – Natural Resources 14
Section 4–1210 15
Annotated Code of Maryland 16
(2023 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Natural Resources 20
2 SENATE BILL 76
4–1210. 1
(a) (1) In addition to any other penalty or fine provided in this title, a person 2
who holds an authorization to catch oysters under § 4–701 of this title and receives a 3
citation for an offense listed under paragraph (2) of this subsection may, IN ACCORDANCE 4
WITH THIS SECTION , have the authorization [revoked in accordance with this section]: 5
(I) FOR A FIRST VIOLATION , SUSPENDED FOR UP TO 2 5 YEARS; 6
AND 7
(II) FOR A SECOND OR SUBSE QUENT VIOLATION , SUSPENDED 8
FOR UP TO 10 YEARS REVOKED. 9
(2) The following offenses, committed in violation of this title or of any 10
regulation adopted under this title, are grounds for [revocation] SUSPENSION OR 11
REVOCATION of an authorization to catch oysters under this section: 12
(i) Taking oysters located more than 200 feet within a closed or 13
prohibited area; 14
(ii) Taking oysters with gear that is prohibited in that area WHILE 15
MORE THAN 200 FEET WITHIN THE PROH IBITED AREA; 16
(iii) Taking oysters outside of a time restriction for the harvest of 17
oysters by more than 1 hour; 18
(iv) Taking oysters during closed seasons; and 19
(v) Taking oysters from a leased area by a person other than the 20
leaseholder or the leaseholder’s designee. 21
(b) (1) [(i)] Before the [revocation] SUSPENSION OR REVOCATION of an 22
authorization to catch oysters under this section, the Department shall hold a hearing on 23
the matter in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 24
of the State Government Article. 25
[(ii) A hearing held under subparagraph (i) of this paragraph shall be 26
held within 90 days after the cited individual commits the offense listed under subsection 27
(a)(2) of this section.] 28
(2) After a hearing is conducted under paragraph (1) of this subsection, if 29
the presiding officer finds or concludes that the person knowingly has committed an offense 30
listed under subsection (a)(2) of this section, the Department shall [revoke] SUSPEND OR 31
REVOKE the person’s authorization to catch oysters IN ACCORDANCE WITH S UBSECTION 32
(A)(1) OF THIS SECTION . 33
SENATE BILL 76 3
(c) A person who is aggrieved by the final decision of the Department may obtain 1
judicial review of the decision in accordance with the Administrative Procedure Act under 2
Title 10, Subtitle 2 of the State Government Article. 3
(d) A person whose authorization has been [revoked] SUSPENDED OR REVOKED 4
in accordance with this section may not engage or work in the oyster fishery WHILE 5
SUSPENDED OR REVOKED whether or not [it] THE WORK requires the use of another 6
license. 7
(E) (1) THIS SUBSECTION APPLI ES TO A PERSON ’S AUTHORIZATION TO 8
CATCH OYSTERS THAT W AS REVOKED UNDER THI S SECTION BEFORE JULY 1, 2025. 9
(2) THE DEPARTMENT SHALL REIN STATE A PERSON ’S 10
AUTHORIZATION TO CAT CH OYSTERS IF: 11
(I) 1. THE AUTHORIZATION HAS BEEN REVOKED FOR AT 12
LEAST 2 YEARS; AND 13
2. THE REVOCATION WAS TH E PERSON’S FIRST OFFENSE 14
ADJUDICATED AS A KNO WING VIOLATION UNDER THIS SECTION; OR 15
(II) 1. THE AUTHORIZATION HAS BEEN REVOKED FOR AT 16
LEAST 10 YEARS; AND 17
2. THE REVOCATION WAS TH E PERSON’S SECOND OR 18
SUBSEQUENT OFFENSE A DJUDICATED AS A KNOW ING VIOLATION UNDER THIS 19
SECTION THE DEPARTMENT MAY ACCEPT AN APPLICATION FOR A ND ISSUE AN 20
OYSTER AUTHORIZATION TO A PERSON WHO SE OYSTER AUTHORIZAT ION WAS 21
REVOKED UNDER THIS S ECTION BEFORE JULY 1, 2025, BEGINNING 5 YEARS AFTER 22
THE DATE OF REVOCATI ON. 23
(2) THE DEPARTMENT SHALL REIN STATE A PERSON ’S ENTITLEMENT 24
TO ENGAGE OR WORK IN THE OYSTER FISHERY F OR A PERSON WHOSE 25
AUTHORIZATION TO CAT CH OYSTERS WAS REVOK ED UNDER THIS SECTIO N BEFORE 26
JULY 1, 2025, BEGINNING 5 YEARS AFTER THE DATE OF REVOCATION . 27
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28
1, 2025. 29