reglab/housing_qa huggingface dataset:
MD. Natural Resources Code Ann. §  4-11A-02 (2021)
2021 Maryland Statutes|Natural Resources|Title 4 - Fish and Fisheries|Subtitle 11A - Aquaculture|Section 4-11A-02 - Protection of Wild Stocks of Fish

    (a)    (1)    The Department shall promulgate by regulation requirements that are necessary to ensure that aquaculture operations do not adversely impact wild stocks of fish, including measures for identifying fish as products of an aquaculture operation. In developing these regulations, the Department shall consult with the Aquaculture Coordinating Council, established by § 4–11A–03.2 of this subtitle, and incorporate in the regulations public notice provisions in accordance with § 4–11A–09 of this subtitle.        (2)    The Department may not issue a permit for the raising of nonnative species, including hybrids of striped bass, or nonnative stocks unless:            (i)    The permit limits the aquaculture operation to nontidal ponds, lakes, or impoundments; and            (ii)    The aquaculture operation is constructed in a manner that assures that nonnative stocks are precluded from entering the tidal waters or contaminating the native species of the State.    (b)    A person may not engage in aquaculture unless the person has obtained a permit from the Department. The permit shall be conditioned upon the person complying with the regulations promulgated under subsection (a) of this section.    (c)    A permittee under this section shall allow the Department to inspect at reasonable hours any facilities, equipment, or fish involved in the permittee’s aquaculture operations.    (d)    Except as otherwise provided by law or by regulations adopted by the Department, all provisions of this title and regulations adopted under this title applicable to the taking, possession, sale, and transport of finfish do not apply to finfish that are in or from aquaculture operations in nontidal ponds, lakes, or impoundments.
MD. Natural Resources Code Ann. §  4-11A-03 (2021)
2021 Maryland Statutes|Natural Resources|Title 4 - Fish and Fisheries|Subtitle 11A - Aquaculture|Section 4-11A-03 - General Provisions

    (a)    (1)    The General Assembly defines aquaculture as an agricultural and fisheries management activity.        (2)    “Aquaculture” includes the commercial rearing of finfish, shellfish, and aquatic plants for sale, trade, barter, or shipment.    (b)    It is the intent of the General Assembly to create:        (1)    An Aquaculture Review Board and an Aquaculture Coordinating Council to promote the development of an aquaculture industry in this State; and        (2)    An Aquaculture Coordinator, employed by the Department, to assist persons in obtaining the permits and licenses necessary to conduct aquaculture in the State.    (c)    The Department is the lead agency for:        (1)    The development and overall management of aquaculture and aquaculture products;        (2)    Coordinating and streamlining the process of applying for a State aquaculture permit;        (3)    Enforcing laws, regulations, and rules related to aquaculture; and        (4)    Identifying economic development opportunities related to aquaculture.    (d)    The University System of Maryland is the lead agency for research in aquaculture production and shall be responsible for development of education and extension programs which promote aquaculture as an industry.    (e)    The Department of Agriculture is the lead agency for the marketing of aquaculture products.
MD. Natural Resources Code Ann. §  4-11A-03.1 (2021)
2021 Maryland Statutes|Natural Resources|Title 4 - Fish and Fisheries|Subtitle 11A - Aquaculture|Section 4-11A-03.1 - Aquaculture Review Board

    (a)    There is an Aquaculture Review Board.    (b)    (1)    The Review Board shall consist of the following members, each of whom shall represent one of the following State departments charged with responsibility for an aspect of the State aquaculture permitting process or oversight of permit compliance:            (i)    The Department of Natural Resources, to be represented by the Aquaculture Coordinator, who shall serve as chair;            (ii)    One representative of the Department of the Environment, designated by the Secretary of the Environment;            (iii)    One representative of the Maryland Department of Health, designated by the Secretary of Health; and            (iv)    One representative of the Department of Agriculture, designated by the Secretary of Agriculture.        (2)    The National Marine Fisheries Service shall be invited to designate a representative to the Review Board.        (3)    The United States Army Corps of Engineers shall be invited to designate a representative to the Review Board.    (c)    (1)    The Aquaculture Coordinator shall be the single point of contact for an applicant for all permits and licenses necessary to conduct aquaculture in the State.        (2)    The Review Board shall:            (i)    Coordinate the development of statewide aquaculture policy and, to the maximum extent feasible, the streamlining of the application process;            (ii)    Track each application as it is processed; and            (iii)    Ensure full and meaningful departmental communication with an applicant during each stage of the application process.
MD. Natural Resources Code Ann. §  4-11A-04 (2021)
2021 Maryland Statutes|Natural Resources|Title 4 - Fish and Fisheries|Subtitle 11A - Aquaculture|Section 4-11A-04 - Public Shellfish Fishery Area

    (a)    In consultation with the Oyster Advisory Commission, the Department shall identify by regulation the public shellfish fishery area in the Chesapeake Bay based on commercial harvesting activity during the 3 years preceding June 1, 2009, any surveys conducted by the Department, and other quantitative data known or made available to the Department.    (b)    The public shellfish fishery area may not be leased for shellfish aquaculture.
MD. Natural Resources Code Ann. §  4-11A-06 (2021)
2021 Maryland Statutes|Natural Resources|Title 4 - Fish and Fisheries|Subtitle 11A - Aquaculture|Section 4-11A-06 - Chesapeake Bay -- Submerged Land Lease

    (a)    This section applies to a submerged land lease in the Chesapeake Bay that is not in an Aquaculture Enterprise Zone.    (b)    (1)    (i)    Subject to subparagraph (ii) of this paragraph, the Department may issue to a person a submerged land lease in waters of the Chesapeake Bay after the Department of the Environment classifies the waters as:                1.    Approved, conditionally approved, or restricted for harvest; or                2.    Prohibited, provided that the lease is used exclusively for the planting and gathering of seed for aquaculture and the leaseholder complies with the requirements of the National Shellfish Sanitation Program as implemented by the Department.            (ii)    The Department may issue a submerged land lease in the waters of the Chesapeake Bay to a corporation only if:                1.    The corporation is organized under the laws of the State; and                2.    More than 50% of the stock in the corporation is owned by residents of the State.        (2)    A submerged land lease may not be located:            (i)    Within a minimum of 50 feet of shoreline or any pier without the written permission of the riparian owner at the time of initial application for the lease;            (ii)    Within 150 feet of the public shellfish fishery or a registered pound net site;            (iii)    Within 150 feet of an oyster reserve or any Yates Bar located in an oyster sanctuary;            (iv)    Except as provided in paragraph (4) of this subsection, within 150 feet of a federal navigational channel;            (v)    Subject to paragraph (3) of this subsection, in any creek, cove, bay, or inlet less than 300 feet wide at its mouth at mean low tide; or            (vi)    In an SAV Protection Zone.        (3)    Paragraph (2)(v) of this subsection does not apply to a riparian owner or a lawful occupant of the riparian property.        (4)    A submerged land lease of a riparian owner or a lawful occupant of the riparian property may be located in Herring Creek in St. Mary’s County.    (c)    A person with a submerged land lease in the Chesapeake Bay may cultivate shellfish on the submerged land, in temporary protective enclosures approved by the Department on the surface of the submerged land, or in any other manner authorized by the Department.    (d)    Notwithstanding any other provision of this subtitle, a lease of submerged land located within a sanctuary must be compatible with oyster restoration and must satisfy the criteria for permissible leasing within a sanctuary as provided in regulations adopted under this subtitle.
MD. Natural Resources Code Ann. §  4-11A-08 (2021)
2021 Maryland Statutes|Natural Resources|Title 4 - Fish and Fisheries|Subtitle 11A - Aquaculture|Section 4-11A-08 - Water Column Leases

    (a)    This section applies to a water column lease in the waters of the State.    (b)    The Department may issue to a person a water column lease in waters of the State after the Department of the Environment classifies the waters as:        (1)    Approved, conditionally approved, or restricted for harvest; or        (2)    Prohibited, provided that the lease is used exclusively for the planting and gathering of seed for aquaculture and the leaseholder complies with the requirements of the National Shellfish Sanitation Program as implemented by the Department.    (c)    (1)    A water column lease may not be located:            (i)    Within a minimum of 50 feet of shoreline or any pier without the written permission of the riparian owner at the time of initial application for the lease;            (ii)    Within 150 feet of the public shellfish fishery or a registered pound net site;            (iii)    Within 150 feet of an oyster reserve or any Yates Bar located in an oyster sanctuary;            (iv)    Except as provided in paragraph (3) of this subsection, within 150 feet of a federal navigational channel;            (v)    Subject to paragraph (2) of this subsection, in any creek, cove, bay, or inlet less than 300 feet wide at its mouth at mean low tide;            (vi)    In an SAV Protection Zone; or            (vii)    In a setback or buffer from the Assateague Island National Seashore established by the Department.        (2)    The provisions of paragraph (1)(v) of this subsection do not apply to the riparian owner or a lawful occupant of the riparian property.        (3)    A water column lease of a riparian owner or a lawful occupant of the riparian property may be located in Herring Creek in St. Mary’s County.    (d)    A person with a water column lease in the waters of the State may cultivate shellfish:        (1)    Subject to approval by the United States Army Corps of Engineers, on or under the surface of the water in a floating structure; or        (2)    In any other manner authorized by the Department.
MD. Natural Resources Code Ann. §  4-11A-10 (2021)
2021 Maryland Statutes|Natural Resources|Title 4 - Fish and Fisheries|Subtitle 11A - Aquaculture|Section 4-11A-10 - General Provisions Regarding Lease

    (a)    A leaseholder shall:        (1)    Subject to subsection (b) of this section, actively use the lease and comply with any standards for planting, harvesting, and use of the leased area established by the Department;        (2)    Mark each lease area with an 8–inch by 12–inch marker displaying the initials of the leaseholder and posted on a minimum of four poles;        (3)    Comply with any other marking requirements established by the Department for the protection of navigation;        (4)    Comply with the regulations established by the Maryland Department of Health in consultation with the Department of the Environment to carry out the mandate of the National Shellfish Sanitation Program; and        (5)    Pay the rent and the aquaculture development surcharge for the lease at the time established by the Department.    (b)    The Department may waive the requirements for active use of a lease on a showing that conditions not present at the time of execution of the lease, including the unavailability of shellfish seed, prevent active use of the leased area.    (c)    A leaseholder may not:        (1)    Place shellfish, bags, nets, or structures on submerged aquatic vegetation;        (2)    Plant or harvest shellfish within 500 yards of any stationary blind or blind site that is occupied and being used for hunting migratory waterfowl;        (3)    Sublease a lease;        (4)    Transfer a lease without the approval of the Department;        (5)    Harvest shellfish between the hours of sunset and sunrise; or        (6)    Place unlawfully harvested oysters on a lease.    (d)    Shellfish planted or harvested in accordance with a lease issued under this subtitle are subject to inspection by the Department.    (e)    (1)    A person who wishes to renew a lease issued under this subtitle or an existing shellfish lease or oyster lease shall submit an application that meets the requirements for an initial application in § 4–11A–09 or § 4–11A–11 of this subtitle.        (2)    Before the termination or expiration of a lease issued under this subtitle, the leaseholder shall have the right of first refusal with respect to future leases of the leased area.    (f)    (1)    The Department may terminate a lease issued under this subtitle for failure to comply with the requirements of this subtitle.        (2)    The Department shall notify a leaseholder by registered mail of its intention and proposed decision to terminate a lease for failure to comply with the requirements of this subtitle.        (3)    A leaseholder who wishes to contest the Department’s proposed decision may request a review of the decision by the Secretary, which shall be filed not later than 30 days after receipt of the Department’s decision.        (4)    Failure of a leaseholder to respond to the Department’s proposed decision within 30 days of the date of the decision shall cause the leasehold to revert to the State.
MD. Natural Resources Code Ann. §  4-11A-11 (2021)
2021 Maryland Statutes|Natural Resources|Title 4 - Fish and Fisheries|Subtitle 11A - Aquaculture|Section 4-11A-11 - Demonstration Lease

    (a)    This section applies to demonstration leases.    (b)    (1)    The Department may issue a demonstration lease to a public high school, an incorporated college or university within the State, a 4–H club, or a nonstock, nonprofit corporation organized under the laws of the State exclusively for educational, conservation, or ecological purposes.        (2)    An application for a demonstration lease shall include a declaration that the applicant intends to actively use the leased area for demonstration purposes and a proposed plan for active use of the lease.    (c)    The size of the lease may not exceed 5 acres.    (d)    The proposed lease area may not be located:        (1)    Within a minimum of 50 feet of shoreline or any pier without the written permission of the riparian owner at the time of application for the lease;        (2)    Within 150 feet of the public shellfish fishery or a registered pound net site;        (3)    Within 150 feet of an oyster reserve or any Yates Bar located in an oyster sanctuary;        (4)    Within 150 feet of a federal navigational channel;        (5)    In any creek, cove, bay, or inlet less than 300 feet wide at its mouth at mean low tide;        (6)    In an SAV Protection Zone; or        (7)    In a setback or buffer from the Assateague Island National Seashore established by the Department.    (e)    (1)    A demonstration lease may not be assigned or transferred.        (2)    Any transfer or assignment or attempt to transfer or assign a lease shall be void and the interest in submerged land shall revert to the State without the necessity of any action by the State.    (f)    (1)    (i)    A demonstration leaseholder shall actively use the lease for the purpose of demonstrating the ecological benefits of growing shellfish or for research or education.            (ii)    Failure to actively use the lease may result in termination of the lease.        (2)    A person may not harvest shellfish for commercial or consumption purposes from an area that is subject to a demonstration lease.
MD. Natural Resources Code Ann. §  4-11A-12 (2021)
2021 Maryland Statutes|Natural Resources|Title 4 - Fish and Fisheries|Subtitle 11A - Aquaculture|Section 4-11A-12 - General Provisions

    (a)    The Department shall maintain a record of leases issued under this subtitle.    (b)    (1)    Except as provided in paragraph (2) of this subsection, all fees, funds, and revenues derived from the administration of this subtitle shall be paid to the Comptroller of the Treasury and credited to the Fisheries Research and Development Fund.        (2)    The Department shall transfer any funds derived from the aquaculture development surcharge to the State Department of Agriculture to be used for development of, and training and grants for, shellfish aquaculture.    (c)    In accordance with § 4–742 of this title, the Department of the Environment may close to the catching, planting, or harvesting of shellfish waters in:        (1)    The shellfish public fishery area;        (2)    An Aquaculture Enterprise Zone;        (3)    An area preapproved for leasing in the Atlantic Coastal Bays; or        (4)    An area subject to an aquaculture lease, submerged land lease, or demonstration lease.    (d)    In consultation with the Department of the Environment and the Wetlands Administrator of the Board of Public Works, the Department shall adopt regulations to implement this subtitle.
MD. Natural Resources Code Ann. §  4-11A-13 (2021)
2021 Maryland Statutes|Natural Resources|Title 4 - Fish and Fisheries|Subtitle 11A - Aquaculture|Section 4-11A-13 - Kind of Oysters Permitted to Be Planted, Cultivated, etc.; Importing Oyster Drills Prohibited

    (a)    Except as provided in § 4–1008 of this title, a leaseholder may plant, cultivate, sow, or protect oysters only of the species known as Crassostrea virginica in the waters of the State.    (b)    (1)    In this subsection, the word “shellfish” includes live oysters, seed oysters, oyster shells, live hard–shell clams, live soft–shell clams, and clam shells.        (2)    A person may not import or possess within the State shellfish taken from waters outside the waters of the State for planting in the waters of the State without the approval of the Department.
MD. Natural Resources Code Ann. §  4-11A-14 (2021)
2021 Maryland Statutes|Natural Resources|Title 4 - Fish and Fisheries|Subtitle 11A - Aquaculture|Section 4-11A-14 - Catching Oysters on Leased Oyster Bottoms by Leaseholder

    (a)    (1)    Except as provided in paragraph (2) of this subsection, a leaseholder may cultivate or remove shellfish planted on his aquaculture or submerged land lease area in any manner he deems proper.        (2)    A person may not use a hydraulic escalator dredge to harvest shellfish in the Atlantic Coastal Bays.    (b)    Each leaseholder shall keep accurate records concerning the seeding and planting of cultch and oysters on, and the harvesting, and selling of oysters from his aquaculture, submerged land, or demonstration lease area. Each leaseholder shall report this information to the Department on forms the Department prescribes.    (c)    (1)    On or before January 1 of each year, a leaseholder shall provide to the Department a report documenting the use of the lease during the prior year.        (2)    A leaseholder shall provide to the Department any other report that the Department may require.        (3)    Failure to file a report may result in termination of the lease.        (4)    Failure to actively use a lease may result in termination of the lease.
MD. Natural Resources Code Ann. §  4-11A-16 (2021)
2021 Maryland Statutes|Natural Resources|Title 4 - Fish and Fisheries|Subtitle 11A - Aquaculture|Section 4-11A-16 - Miscellaneous Prohibitions on Aquaculture or Submerged Land Lease Area

    (a)    (1)    A person, other than the leaseholder, may not willfully and without authority catch oysters on any aquaculture or submerged land lease area, or willfully destroy or transfer oysters on this land in any manner.        (2)    The Department shall request the office of the local State’s Attorney or the Attorney General to bring a criminal action under § 7–104 of the Criminal Law Article against a person found to be in violation of this subsection provided that the leased area is designated and marked with buoys and other signage or the person knew or should have known that the harvest of oysters from the area was unlawful.        (3)    (i)    On conviction of a person for a violation of this subsection, the Department may suspend all existing tidal fish licenses issued to that person for a period not to exceed:                1.    1 year for a first conviction; or                2.    2 years for a second or subsequent conviction.            (ii)    Before suspending any license under this section, the Department shall give the licensee written notice of the right to request a hearing.            (iii)    A licensee may request a hearing within 15 days from the date that the notice required by this section is mailed.            (iv)    The Department shall hold a hearing within 30 days of the date of the request and render a decision within 30 days of the hearing.    (b)    A person, other than a leaseholder, may not remove, alter, transfer, or destroy any marker, shellfish, equipment, or structures on any aquaculture or submerged land lease area.    (c)    A person, other than an aquaculture or submerged land leaseholder, while he is in default in payment of any rent or fee, may not use for any purpose any submerged land of the State.
MD. Natural Resources Code Ann. §  4-11A-16.1 (2021)
2021 Maryland Statutes|Natural Resources|Title 4 - Fish and Fisheries|Subtitle 11A - Aquaculture|Section 4-11A-16.1 - Miscellaneous Prohibitions on Aquaculture or Submerged Land Lease Area

    (a)    Subject to subsection (b) of this section, a person who willfully, negligently, recklessly, wrongfully, or maliciously enters any area leased to another person under this subtitle to harvest, damage, or transfer shellfish or to alter, damage, or remove any markings or equipment is liable to the leaseholder or any agent, employee, business partner, or contractor of the leaseholder for damages in an amount of:        (1)    Three times the value of the shellfish harvested, damaged, or transferred;        (2)    The actual restoration costs for the leased area and any altered, damaged, or removed markings or equipment; and        (3)    Any attorney fees or court costs incurred by the leaseholder or any agent, employee, business partner, or contractor of the leaseholder in the matter.    (b)    Subsection (a) of this section does not apply to a person engaging in aquaculture activity on a leased area in accordance with the terms and conditions of:        (1)    A shellfish aquaculture harvester registration card that is in the person’s possession; or        (2)    An operator card that is in the possession of the person or another person present in the lease area.    (c)    On the request of a law enforcement officer, a person who enters an area leased to another person under this subtitle and engages in any act specified in subsection (a) of this section shall display a shellfish aquaculture harvester registration card or an operator card for the lease area.