| 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 | - | 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 | *sb0076* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 76 | |
| 11 | 8 | M2 5lr1446 | |
| 12 | - | (PRE–FILED) CF | |
| 9 | + | (PRE–FILED) CF 5lr1447 | |
| 13 | 10 | By: Senator Bailey | |
| 14 | 11 | Requested: October 29, 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: March 9, 2025 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Tidal Fish Licenses – Oyster Authorizations – Administrative Penalties 2 | |
| 26 | 20 | ||
| 27 | - | FOR the purpose of requiring the Department of Natural Resources to suspend for a certain 3 | |
| 28 | - | time periods period, rather than revoke, a person’s oyster authorization for a first 4 | |
| 29 | - | offense of knowingly committing certain violations in the oyster fishery; requiring 5 | |
| 30 | - | the Department to reinstate a person’s revoked oyster authorization under certain 6 | |
| 31 | - | circumstances providing for the reinstatement for certain persons of an oyster 7 | |
| 32 | - | authorization and an entitlement to engage or work in the oyster fishery; altering a 8 | |
| 33 | - | certain offense related to the use of prohibited gear that serves as grounds for 9 | |
| 34 | - | suspension of an oyster authorization; repealing a certain time period within which 10 | |
| 35 | - | a certain administrative hearing must be held; and generally relating to 11 | |
| 36 | - | administrative penalties for oyster authorizations. 12 | |
| 21 | + | FOR the purpose of requiring the Department of Natural Resources to suspend for certain 3 | |
| 22 | + | time periods, rather than revoke, a person’s oyster authorization for knowingly 4 | |
| 23 | + | committing certain violations in the oyster fishery; requiring the Department to 5 | |
| 24 | + | reinstate a person’s revoked oyster authorization under certain circumstances; 6 | |
| 25 | + | altering a certain offense related to the use of prohibited gear that serves as grounds 7 | |
| 26 | + | for suspension of an oyster authorization; repealing a certain time period within 8 | |
| 27 | + | which a certain administrative hearing must be held; and generally relating to 9 | |
| 28 | + | administrative penalties for oyster authorizations. 10 | |
| 37 | 29 | ||
| 38 | - | BY repealing and reenacting, with amendments, | |
| 39 | - | Article – Natural Resources | |
| 40 | - | Section 4–1210 | |
| 41 | - | Annotated Code of Maryland | |
| 42 | - | (2023 Replacement Volume and 2024 Supplement) | |
| 30 | + | BY repealing and reenacting, with amendments, 11 | |
| 31 | + | Article – Natural Resources 12 | |
| 32 | + | Section 4–1210 13 | |
| 33 | + | Annotated Code of Maryland 14 | |
| 34 | + | (2023 Replacement Volume and 2024 Supplement) 15 | |
| 43 | 35 | ||
| 44 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
| 45 | - | That the Laws of Maryland read as follows: | |
| 36 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 | |
| 37 | + | That the Laws of Maryland read as follows: 17 | |
| 46 | 38 | ||
| 47 | - | Article – Natural Resources 20 | |
| 39 | + | Article – Natural Resources 18 | |
| 40 | + | ||
| 41 | + | 4–1210. 19 | |
| 42 | + | ||
| 43 | + | (a) (1) In addition to any other penalty or fine provided in this title, a person 20 | |
| 44 | + | who holds an authorization to catch oysters under § 4–701 of this title and receives a 21 | |
| 45 | + | citation for an offense listed under paragraph (2) of this subsection may, IN ACCORDANCE 22 | |
| 46 | + | WITH THIS SECTION , have the authorization [revoked in accordance with this section]: 23 | |
| 48 | 47 | 2 SENATE BILL 76 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 51 | - | 4–1210. 1 | |
| 50 | + | (I) FOR A FIRST VIOLATION , SUSPENDED FOR UP TO 2 YEARS; 1 | |
| 51 | + | AND 2 | |
| 52 | 52 | ||
| 53 | - | (a) (1) In addition to any other penalty or fine provided in this title, a person 2 | |
| 54 | - | who holds an authorization to catch oysters under § 4–701 of this title and receives a 3 | |
| 55 | - | citation for an offense listed under paragraph (2) of this subsection may, IN ACCORDANCE 4 | |
| 56 | - | WITH THIS SECTION , have the authorization [revoked in accordance with this section]: 5 | |
| 53 | + | (II) FOR A SECOND OR SUBSEQUENT VIOLATION, SUSPENDED 3 | |
| 54 | + | FOR UP TO 10 YEARS. 4 | |
| 57 | 55 | ||
| 58 | - | (I) FOR A FIRST VIOLATION , SUSPENDED FOR UP TO 2 5 YEARS; 6 | |
| 59 | - | AND 7 | |
| 56 | + | (2) The following offenses, committed in violation of this title or of any 5 | |
| 57 | + | regulation adopted under this title, are grounds for [revocation] SUSPENSION of an 6 | |
| 58 | + | authorization to catch oysters under this section: 7 | |
| 60 | 59 | ||
| 61 | - | ( | |
| 62 | - | ||
| 60 | + | (i) Taking oysters located more than 200 feet within a closed or 8 | |
| 61 | + | prohibited area; 9 | |
| 63 | 62 | ||
| 64 | - | (2) The following offenses, committed in violation of this title or of any 10 | |
| 65 | - | regulation adopted under this title, are grounds for [revocation] SUSPENSION OR 11 | |
| 66 | - | REVOCATION of an authorization to catch oysters under this section: 12 | |
| 63 | + | (ii) Taking oysters with gear that is prohibited in that area WHILE 10 | |
| 64 | + | MORE THAN 200 FEET WITHIN THE PROHIBITED AREA; 11 | |
| 67 | 65 | ||
| 68 | - | ( | |
| 69 | - | ||
| 66 | + | (iii) Taking oysters outside of a time restriction for the harvest of 12 | |
| 67 | + | oysters by more than 1 hour; 13 | |
| 70 | 68 | ||
| 71 | - | (ii) Taking oysters with gear that is prohibited in that area WHILE 15 | |
| 72 | - | MORE THAN 200 FEET WITHIN THE PROH IBITED AREA; 16 | |
| 69 | + | (iv) Taking oysters during closed seasons; and 14 | |
| 73 | 70 | ||
| 74 | - | ( | |
| 75 | - | ||
| 71 | + | (v) Taking oysters from a leased area by a person other than the 15 | |
| 72 | + | leaseholder or the leaseholder’s designee. 16 | |
| 76 | 73 | ||
| 77 | - | (iv) Taking oysters during closed seasons; and 19 | |
| 74 | + | (b) (1) [(i)] Before the [revocation] SUSPENSION of an authorization to 17 | |
| 75 | + | catch oysters under this section, the Department shall hold a hearing on the matter in 18 | |
| 76 | + | accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State 19 | |
| 77 | + | Government Article. 20 | |
| 78 | 78 | ||
| 79 | - | (v) Taking oysters from a leased area by a person other than the 20 | |
| 80 | - | leaseholder or the leaseholder’s designee. 21 | |
| 79 | + | [(ii) A hearing held under subparagraph (i) of this paragraph shall be 21 | |
| 80 | + | held within 90 days after the cited individual commits the offense listed under subsection 22 | |
| 81 | + | (a)(2) of this section.] 23 | |
| 81 | 82 | ||
| 82 | - | (b) (1) [(i)] Before the [revocation] SUSPENSION OR REVOCATION of an 22 | |
| 83 | - | authorization to catch oysters under this section, the Department shall hold a hearing on 23 | |
| 84 | - | the matter in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 24 | |
| 85 | - | of the State Government Article. 25 | |
| 83 | + | (2) After a hearing is conducted under paragraph (1) of this subsection, if 24 | |
| 84 | + | the presiding officer finds or concludes that the person knowingly has committed an offense 25 | |
| 85 | + | listed under subsection (a)(2) of this section, the Department shall [revoke] SUSPEND the 26 | |
| 86 | + | person’s authorization to catch oysters IN ACCORDANCE WITH S UBSECTION (A)(1) OF 27 | |
| 87 | + | THIS SECTION. 28 | |
| 86 | 88 | ||
| 87 | - | | |
| 88 | - | ||
| 89 | - | ||
| 89 | + | (c) A person who is aggrieved by the final decision of the Department may obtain 29 | |
| 90 | + | judicial review of the decision in accordance with the Administrative Procedure Act under 30 | |
| 91 | + | Title 10, Subtitle 2 of the State Government Article. 31 | |
| 90 | 92 | ||
| 91 | - | (2) After a hearing is conducted under paragraph (1) of this subsection, if 29 | |
| 92 | - | the presiding officer finds or concludes that the person knowingly has committed an offense 30 | |
| 93 | - | listed under subsection (a)(2) of this section, the Department shall [revoke] SUSPEND OR 31 | |
| 94 | - | REVOKE the person’s authorization to catch oysters IN ACCORDANCE WITH S UBSECTION 32 | |
| 95 | - | (A)(1) OF THIS SECTION . 33 | |
| 96 | - | SENATE BILL 76 3 | |
| 93 | + | (d) A person whose authorization has been [revoked] SUSPENDED in accordance 32 | |
| 94 | + | with this section may not engage or work in the oyster fishery WHILE SUSPENDED whether 33 | |
| 95 | + | or not [it] THE WORK requires the use of another license. 34 SENATE BILL 76 3 | |
| 97 | 96 | ||
| 98 | 97 | ||
| 99 | - | (c) A person who is aggrieved by the final decision of the Department may obtain 1 | |
| 100 | - | judicial review of the decision in accordance with the Administrative Procedure Act under 2 | |
| 101 | - | Title 10, Subtitle 2 of the State Government Article. 3 | |
| 102 | 98 | ||
| 103 | - | (d) A person whose authorization has been [revoked] SUSPENDED OR REVOKED 4 | |
| 104 | - | in accordance with this section may not engage or work in the oyster fishery WHILE 5 | |
| 105 | - | SUSPENDED OR REVOKED whether or not [it] THE WORK requires the use of another 6 | |
| 106 | - | license. 7 | |
| 99 | + | (E) (1) THIS SUBSECTION APPLIES TO A PERSON’S AUTHORIZATION TO 1 | |
| 100 | + | CATCH OYSTERS THAT WAS REVOKED UNDER THIS SECTION BEFORE JULY 1, 2025. 2 | |
| 107 | 101 | ||
| 108 | - | ( | |
| 109 | - | ||
| 102 | + | (2) THE DEPARTMENT SHALL REINSTATE A PERSON ’S 3 | |
| 103 | + | AUTHORIZATION TO CAT CH OYSTERS IF: 4 | |
| 110 | 104 | ||
| 111 | - | ( | |
| 112 | - | ||
| 105 | + | (I) 1. THE AUTHORIZATION HAS BEEN REVOKED FOR AT 5 | |
| 106 | + | LEAST 2 YEARS; AND 6 | |
| 113 | 107 | ||
| 114 | - | | |
| 115 | - | ||
| 108 | + | 2. THE REVOCATION WAS TH E PERSON’S FIRST OFFENSE 7 | |
| 109 | + | ADJUDICATED AS A KNOWING VIOLATI ON UNDER THIS SECTION; OR 8 | |
| 116 | 110 | ||
| 117 | - | | |
| 118 | - | ||
| 111 | + | (II) 1. THE AUTHORIZATION HAS BEEN REVOKED FOR AT 9 | |
| 112 | + | LEAST 10 YEARS; AND 10 | |
| 119 | 113 | ||
| 120 | - | (II) 1. THE AUTHORIZATION HAS BEEN REVOKED FOR AT 16 | |
| 121 | - | LEAST 10 YEARS; AND 17 | |
| 114 | + | 2. THE REVOCATION WAS TH E PERSON’S SECOND OR 11 | |
| 115 | + | SUBSEQUENT OFFENSE ADJUDICATED AS A KNOWING VIOLATION UNDER THIS 12 | |
| 116 | + | SECTION. 13 | |
| 122 | 117 | ||
| 123 | - | 2. THE REVOCATION WAS TH E PERSON’S SECOND OR 18 | |
| 124 | - | SUBSEQUENT OFFENSE A DJUDICATED AS A KNOW ING VIOLATION UNDER THIS 19 | |
| 125 | - | SECTION THE DEPARTMENT MAY ACCEPT AN APPLICATION FOR A ND ISSUE AN 20 | |
| 126 | - | OYSTER AUTHORIZATION TO A PERSON WHO SE OYSTER AUTHORIZAT ION WAS 21 | |
| 127 | - | REVOKED UNDER THIS S ECTION BEFORE JULY 1, 2025, BEGINNING 5 YEARS AFTER 22 | |
| 128 | - | THE DATE OF REVOCATI ON. 23 | |
| 129 | - | ||
| 130 | - | (2) THE DEPARTMENT SHALL REIN STATE A PERSON ’S ENTITLEMENT 24 | |
| 131 | - | TO ENGAGE OR WORK IN THE OYSTER FISHERY F OR A PERSON WHOSE 25 | |
| 132 | - | AUTHORIZATION TO CAT CH OYSTERS WAS REVOK ED UNDER THIS SECTIO N BEFORE 26 | |
| 133 | - | JULY 1, 2025, BEGINNING 5 YEARS AFTER THE DATE OF REVOCATION . 27 | |
| 134 | - | ||
| 135 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 28 | |
| 136 | - | 1, 2025. 29 | |
| 137 | - | ||
| 118 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 14 | |
| 119 | + | 1, 2025. 15 |