reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part II - Provisions Relating to Oysters › Section 4-1019.2 - Oyster Shell Purchase Program

(a)    This section does not apply to:
(1)    An individual who takes or uses oysters for personal use or consumption purposes; or
(2)    Old oyster shells that are dredged from the Chesapeake Bay or its tributaries.
(b)    Except as provided in subsection (c) of this section, any licensed oyster dealer shall reserve for 8 months after the opening of each annual public shellfish fishery season all shells of oysters harvested from the Chesapeake Bay or its tributaries and commercially shucked in the State for purchase by the Department for oyster restoration, unless the dealer plants or provides the shells for planting:
(1)    In an area privately leased for aquaculture purposes;
(2)    On riparian bottom as provided in § 4–11A–17 of this title for the propagation of oysters; or
(3)    On public shellfish fishery areas designated by the Department.
(c)    (1)    The Department shall determine whether sufficient funds are available for the Oyster Shell Purchase Program under this section.
(2)    The Department shall notify every licensed oyster dealer not later than September 1 of each year whether the Oyster Shell Purchase Program will be carried out during the ensuing license year.
(3)    If the Department does not notify licensed oyster dealers that the Oyster Shell Purchase Program will be carried out during the ensuing license year, a licensed oyster dealer may sell or dispose of fresh oyster shell at any time to any person for any lawful purpose.
(4)    The Department shall:
(i)    Establish procedures for the expeditious notice, payment, and removal of shells purchased; and
(ii)    Provide for the transportation, storage, and placement on public oyster bars in State waters.
(d)    All existing contracts executed prior to July 1, 1988 concerning the purchase of oyster shell shall be valid and exempt from the provisions of this section for the length of time for which the contract covers.
(e)    Unless permission has been obtained from the Department, it shall be unlawful for any person to take or catch oysters or shell in any of the waters of the State for the purpose of converting the oysters or shell into lime, chickenmeal, or road construction materials.
(f)    (1)    In consultation with the Oyster Advisory Commission and the Tidal Fisheries Advisory Commission, the Department shall determine annually the fair market value that the Department pays for:
(i)    Fresh oyster shells; and
(ii)    Transportation and placement of fresh oyster shells.
(2)    The Secretary shall adopt regulations to implement the requirement set forth in paragraph (1) of this subsection.
(g)    The Department may use the Fisheries Research and Development Fund to purchase oyster shells.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part III - Hard-Shell Clams › Section 4-1021 - Dredging in Pocomoke and Tangier Sounds

(a)    The Department may adopt rules and regulations governing the type, number, and size of dredges used in Pocomoke and Tangier sounds and governing those areas in which dredges may be operated. A person may have two dredges aboard any boat if no more than one dredge is in operation at any given time.
(b)    A person may not catch clams in Pocomoke and Tangier sounds between sunset on one day and sunrise the following day or on Sundays. The season for catching hard-shell clams by dredge under this section is from September 15 in each year to May 31 of the year following, inclusive.
(c)    A person may not have any oysters aboard any boat in Pocomoke or Tangier sounds when a dredge is aboard.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part III - Hard-Shell Clams › Section 4-1021.1 - Dredging for Hard-Shell Clams in Atlantic Coastal Bays Prohibited

A person may not catch hard–shell clams by hydraulic clam dredge or other mechanical means in the Atlantic Coastal Bays, as defined in § 8–1802 of this article.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part III - Hard-Shell Clams › Section 4-1021.2 - Patent Tonging in Certain Areas of Somerset County

(a)    The Department may adopt regulations governing the use of patent tongs to harvest hard–shell clams in areas of Somerset County where the use of patent tongs to catch oysters is authorized.
(b)    (1)    This subsection applies only in Somerset County.
(2)    A person may not catch hard–shell clams with patent tongs:
(i)    Between sunset on any day and sunrise the following day; or
(ii)    On Sundays.
(3)    The season for catching hard–shell clams with patent tongs is the same as the season for catching oysters with patent tongs as provided in § 4–1008.1 of this subtitle or as altered by regulations adopted under § 4–2A–05 of this title.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part III - Hard-Shell Clams › Section 4-1022 - Shinnecock Rakes

(a)    Except as provided in subsection (b) of this section, a person may not catch hard–shell clams in the waters of the State with a shinnecock rake or similar device.
(b)    (1)    Subject to paragraph (2) of this subsection, a person may catch hard–shell clams with a handscrape, shinnecock rake, or hydraulic dredge in the State waters of the Atlantic Ocean.
(2)    A person may not catch hard–shell clams with a handscrape, shinnecock rake, or hydraulic dredge within 300 feet of any shore or wharf without first obtaining the permission of the shore or wharf owner.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part III - Hard-Shell Clams › Section 4-1023 - Department May Regulate Catching in Worcester County

Notwithstanding the provisions of this subtitle, the Department may adopt and modify rules and regulations governing catching hard-shell clams in the waters of Worcester County. These rules and regulations may specify the type and size of gear used, maximum quantity of clams caught per day, minimum size of clams caught, season for catching clams, days of the week and hours of the day when clams may be caught or landed, and the areas in which clams may be caught with any type of gear. A person may not catch clams by handscrape, shinnecock rake, hydraulic dredge, or any mechanical means from June 1 to September 15.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part III - Hard-Shell Clams › Section 4-1028 - Clam Taxes

Every hard-shell clam dealer shall pay a special tax of 25 cents for each bag, which shall contain no more than 105 hard-shell clams, on all clams sold by the dealer. All taxes pursuant to this section shall be remitted to the Department in accordance with its rules and regulations for deposit to the credit of the Fisheries Research and Development Fund and shall be used solely to replenish the hard-shell clam resources of the State.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part III - Hard-Shell Clams › Section 4-1029 - Disposition of Clam Receipts

Any money received by the Department for licenses, fees, or taxes shall be transmitted by the Department to the State Comptroller for deposit to the credit of the Fisheries Research and Development Fund.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part III - Hard-Shell Clams › Section 4-1030 - Landing Clam Catches

Any hard–shell clams caught in the waters of the State shall be landed in the State. However, the Department may waive the provisions of this subsection in case of emergency, necessity, or for other good cause.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part III - Hard-Shell Clams › Section 4-1031 - Possession of Undersized Hard-Shell Clams

(a)    In this section, “transverse dimension” means the measurement across both shells of a hard–shell clam at the widest point perpendicular to the hinge line where the two shells meet.
(b)    A clam dealer may possess hard–shell clams having a transverse dimension of less than the size required by the Department if the dealer offers a bill of lading approved by the Department as proof that all clams were caught in waters outside the State.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part IV - Soft-Shell Clams › Section 4-1032 - County Advisory Committees

Advisory committees shall be formed in each county where soft-shell clams may be caught by hydraulic clam dredge. Each committee shall be composed of five persons, four of whom possess a hydraulic clam dredge license and one who possesses a soft-shell clam dealer’s and shipper’s license. Committee members shall be elected by persons possessing a hydraulic clam dredge license or a soft-shell clam dealer’s and shipper’s license. The Department shall confer with the elected committees on any matter affecting the management of the soft-shell clam fishery.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part IV - Soft-Shell Clams › Section 4-1033 - Regulatory Powers and Duties of Department Generally

(a)    The Department shall adopt rules and regulations ensuring that a tidal fish license authorizes a person to use only one hydraulic clam dredge. The Department also shall adopt rules and regulations requiring all licensees operating a hydraulic clam dredge owned by another person, or subject to a lien held by another person to have the license in possession when engaged in licensed activities and to affix the license identification number permanently to the vessel as required in § 4–701(i) of this title.
(b)    (1)    The Department shall adopt rules and regulations governing licensing of persons buying, selling, shipping, transporting, or otherwise dealing in soft–shell clams, and the methods by which they may do so. However, a license may not be required to sell or dispose of clams in any retail market, restaurant, or other establishment where clams are sold or served for immediate use or consumption, when the clams are purchased from a person possessing a dealer’s or shipper’s license.
(2)    The Department shall require any person licensed to dredge for soft–shell clams or licensed pursuant to the provisions of this subsection to maintain and submit records to the Department.
(c)    The Department may promulgate rules and regulations relating to any aspect of the soft–shell clam fishery and shall adopt rules and regulations governing:
(1)    Measurement and structural details of a hydraulic clam dredge;
(2)    The number of hydraulic clam dredges which may be carried on a vessel;
(3)    The use of mufflers on motors or engines on hydraulic clam dredges or on board boats carrying hydraulic clam dredges;
(4)    The establishment of limits on the number of bushels which may be caught by a hydraulic clam dredge, or by a boat carrying a hydraulic clam dredge;
(5)    The minimum size of soft–shell clams;
(6)    The times and dates for taking, landing, and unloading soft–shell clams; and
(7)    Protection of soft–shell clams from contamination, or from deterioration as a result of excessive heat.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part IV - Soft-Shell Clams › Section 4-1035 - Severance Tax

A severance tax of 50 cents per bushel shall be levied on all soft-shell clams of all species Mya arenaria caught within the State. The tax shall be paid by the buyer of clams at the place in the State where the clams are to be shipped in bulk no further by vessel, or before clams are shipped out of the State by vessel. All taxes pursuant to this section shall be remitted to the Department in accordance with its rules and regulations for deposit to the credit of the Fisheries Research and Development Fund and shall be used solely to replenish the soft-shell clam resources of the State. A severance tax may not be levied on soft-shell clams of the species genus Tagelus.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part IV - Soft-Shell Clams › Section 4-1036 - Sale of Soft-Shell Clams

A person may sell soft-shell clams of the species Mya arenaria caught by hydraulic clam dredge only to a person possessing a soft-shell clam dealer’s and shipper’s license. A person may sell soft-shell clams of the species genus Tagelus to persons other than a licensed dealer or shipper.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part IV - Soft-Shell Clams › Section 4-1037 - Areas Where Catching With Gear Other Than Hand Tools Prohibited

A person may not catch or attempt to catch soft–shell clams with a hydraulic clam dredge or any other gear except hand–held tools, such as shovels and hoes, in the following areas:
(1)    Within 150 feet of a natural oyster bar or area leased under Subtitle 11A of this title and marked as required by that subtitle;
(2)    Within 1,000 feet of any occupied duck blind where decoys are set out during waterfowl hunting season;
(3)    Except for the William Preston Lane, Jr. Memorial Bridge and its parallel span, the Governor Thomas Johnson Memorial Bridge, and the area of the Choptank River Bridge that is within Talbot County, within 50 feet of any bulkhead, structure, wharf, pier, or piling that is erected in, over, or under the waters of the State under a permit granted by the State or federal government;
(4)    Within 300 feet of any private bathing beach running not more than 300 feet along the shore which is marked as required by rule and regulation or within 1,000 feet of any public bathing beach from May 1 to September 30. However, the owner or lessee of a single property may not claim protection for more than one private bathing beach contiguous to this property;
(5)    (i)    Within 50 feet of the mean high watermark of any shoreline in Queen Anne’s, Talbot, or Somerset counties;
(ii)    Within 300 feet in Dorchester County; or
(iii)    Within 150 feet in Anne Arundel County, Calvert County, St. Mary’s County, or Kent County downriver from Nichols Point at the eastern side of the mouth of Langford Creek and within 300 feet upriver from Nichols Point;
(6)    The Dorchester County waters of the Choptank River and its tributaries, east of a line running from Horn Point to Martin Point and west of a line running from Sharp’s Island Light to Hill’s Point; Brannock Bay; the Little Choptank River; Tar Bay; the Honga River; all waters east of a line running from the most southerly point of Holland Island to Holland Island Bar Light; all waters east of a line running from Richland Point to Okahanikan Point; and any areas reserved by the Department for production of seed oysters; and
(7)    In the Atlantic Coastal Bays, as defined in § 8–1802 of this article.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part IV - Soft-Shell Clams › Section 4-1038 - Restrictions on Catching Soft-Shell Clams by Hydraulic Dredge in Certain Counties

(a)    Except as provided in § 4–1039 of this subtitle, a person may not catch soft–shell clams by hydraulic clam dredge in the following waters:
(1)    Anne Arundel County. ––  (i) Within 500 feet of any sea nettle net;
(ii)    Within 800 feet of any public bathing beach between Saunders and Dutchman’s Point, if the beach is marked as required by rule or regulation and the public uses the beach for bathing;
(iii)    In Marley Creek; Stoney Creek; Bodkin Creek; Magothy River above a line drawn from Mountain Point to Persimmon Point; Little Magothy River; Whitehall Bay between the shore and a line drawn from Hackett’s Point to Possum Point; Mill Creek; Severn River between the shore and a line drawn from Greenbury Point to the east side of the entrance to Lake Ogleton; South River between the shore and a line drawn between Turkey Point and east side of Duvall Creek, and extending 1,500 feet in front of Sandy Point State Park and Fort Smallwood State Park; West River south and west of a line running from Cheston Point to Curtis Point; or
(iv)    Anywhere in Anne Arundel County north of the Chesapeake Bay Bridge within 800 feet of the shoreline, or south of the Chesapeake Bay Bridge and north of Thomas Point within 300 feet of the shoreline from September 16 to April 15 and within 800 feet of the shoreline from April 16 to September 15; south of Thomas Point within 300 feet of the shoreline, except that between Turkey Point and Ramsey Lake clamming is prohibited within 800 feet of the shoreline. This subsection does not prohibit the catching of clams by hydraulic clam dredge in West River or Rhode River.
(2)    Queen Anne’s County. –– In the waters of Eastern Bay and its tributaries; Shipping Creek; Cox’s Creek; Crab Alley Creek; Wye River south of a line from the southernmost tip of Ferry Point to the northernmost tip of Drum Point; Wye East River west of a line from the southernmost tip of Wye Island to northernmost tip of Bruff’s Island; Kent Narrows south of a line drawn from the northernmost tip of Ferry Point to the northernmost tip of Long Point.
(3)    Somerset County. –– In the Wicomico River or Monie Bay east of a line from the easternmost entrance of Rock Creek to the southeast extremity of Mollie’s Point.
(4)    Talbot County. –– (i) In the Tred Avon River and in Town Creek in front of Oxford, between the shoreline and the center of the channel, except during October and November;
(ii)    Within 1,200 feet of the Federal Research Laboratory at Oxford.
(b)    A person may not catch by hydraulic or mechanical clam dredge soft–shell clams from the waters of Charles or Wicomico counties, or the Atlantic Coastal Bays, as defined in § 8–1802 of this article.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part IV - Soft-Shell Clams › Section 4-1039 - Restricted and Unrestricted Hydraulic Dredging Areas

(a)    The Department may open or close any area in which the catching of soft–shell clams by hydraulic clam dredge is not prohibited under the provisions of this subtitle if: (1) in its opinion other natural resources will not be significantly damaged; (2) the area to be opened is clearly defined and plainly marked; and (3) the area is patrolled by Natural Resources Police vessels during dredging operations.
(b)    In any area where hydraulic clam dredging is prohibited under § 4–1038(a) of this subtitle the Department may open selected areas if the areas opened are patrolled by Natural Resources Police vessels during dredging operations.
(c)    Before opening or closing any area the Department shall publish notice in at least one newspaper of general circulation in the State, and in at least one newspaper of general circulation in each county. Any closing or opening shall be effective no less than 24 hours from publication of notice.
(d)    The provisions of this section do not apply to Charles and Wicomico counties, or the Atlantic Coastal Bays, as defined in § 8–1802 of this article.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part IV - Soft-Shell Clams › Section 4-1040 - Clam Dredges in Restricted Areas; Possession of Oysters Aboard Clam Dredge Boats

(a)    A clam dredge in or crossing a restricted area shall have the dredge’s conveyor raised above the surface of the water.
(b)    A person may not have any oysters aboard a clam dredge boat.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 10 - Oysters and Clams › Part V - Surf Clams and Ocean Quahogs › Section 4-1043 - Opening and Closing Areas for Harvesting Surf Clams

The Department may establish size limits and open and close areas for harvesting of surf clams. The Department shall publish a notice of its proposal to open or close an area or change size limits at least 30 days before the effective date of the proposal and shall hold a public hearing on the proposal at least 15 days before the effective date unless a public hearing on a substantially similar proposal has been conducted in the State by a federal management authority with notice advertised by the Department as required by this section. The notice shall include the time and place of any hearing and shall be published in at least one newspaper of general circulation in the State and at least one newspaper of general circulation in Worcester County.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11 - Oyster and Clam Culture › Section 4-1101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Chesapeake Bay” means the waters, commonly known as the Chesapeake Bay, as defined by the charts of the Oyster Survey of 1906 to 1912, and its amendments.
(c)    “County waters” means the waters lying within the territorial limits of any county in the State as defined by the charts of the Oyster Survey of 1906 to 1912, and its amendments.
(d)    “Dredge” includes any dredge, scoop, handscrape, or similar device used in catching oysters and clams by dragging.
(e)    “Hydraulic clam dredge” means any device used for dredging clams which consists of a manifold through which water is forced under pressure for the purpose of digging clams and working them into the mouth of the dredge where the clams then are brought up to boat level by means of an escalator. “Hydraulic clam dredge” includes the vessel on which the dredge is carried.
(f)    “Leased oyster bottom” means any land lying beneath the waters of the State leased by the State to any person for the purpose of protecting, sowing, bedding, or cultivating oysters and other shellfish.
(g)    “Marketable oyster” means an oyster measuring 3 inches or more from hinge to mouth.
(h)    “Natural clam bar” means any area of submerged tidal bottom not classified as a natural oyster bar which has a population of clams of any species judged by the Secretary to have significant commercial value.
(i)    “Natural oyster bar” means any submerged oyster bar, reef, rock, or area represented as an oyster bar on the charts of the Oyster Survey of 1906 to 1912 and its amendments.
(j)    “Patent tongs” means any pincers, nippers, tongs, or similar device used to catch oysters or clams and raised with rope, cable, or other hoisting gear.
(k)    “Shinnecock rake” means a tool used to catch hard–shell clams or oysters that:
(1)    Is towed from a vessel under power; and
(2)    Consists of a tooth bar with projecting long, outwardly and upwardly curving teeth which are progressively smaller toward the ends, form a basket, and are set transversely at the end of a long, usually wooden handle.
(l)    “Tong” means any pincers, nippers, tongs, or similar device operated entirely by hand and consisting of two shafts or handles and a metal body composed of two opposable and complementary baskets used in catching oysters and clams.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11 - Oyster and Clam Culture › Section 4-1102 - Submerged Area

(a)    The Department may resurvey any submerged area of the State to determine the position and extent of any natural oyster bar.
(b)    If, after conducting a survey in accordance with subsection (a) of this section, the Department finds that any natural oyster bar is located incorrectly on existing charts or that the existing charts do not reflect the actual condition of submerged lands, the Department shall amend the existing charts or coordinates by regulation.
(c)    (1)    Beginning in fiscal year 2024, the Maryland Geological Survey, in conjunction with the University of Maryland Center for Environmental Science, shall survey submerged areas of the State to map existing and potential oyster habitats in accordance with the provisions of this subsection.
(2)    In selecting sites for surveying under this subsection, the Maryland Geological Survey and the University of Maryland Center for Environmental Science shall prioritize:
(i)    Eastern Bay and its tributaries; and
(ii)    Public fishery areas where there are likely to be shallowly buried shell deposits from previous repletion activities, identified in consultation with the Department, who shall consult with county oyster committees, and commercial oyster harvesters.
(3)    To the extent practicable, surveys carried out under this subsection shall use sub–bottom profiling combined with physical sampling to quantify the total volume of subsurface shell material.
(4)    (i)    For fiscal years 2024 through 2026, the Governor shall include in the annual budget bill an appropriation of $2,000,000 to the Department to fund the surveys required under this subsection.
(ii)    The Governor shall prioritize the use of federal funds for appropriations required under this paragraph.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11 - Oyster and Clam Culture › Section 4-1103.1 - Oyster Seed Areas in Potomac River From Cornfield Point to Point Lookout

The Department shall enter into an agreement with the Potomac River Fisheries Commission to establish oyster seed areas in the Potomac River from Cornfield Point to Point Lookout for the purpose of propagating seed oysters to replenish natural oyster bars in Calvert, Charles, St. Mary’s counties, and other areas of the State.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11 - Oyster and Clam Culture › Section 4-1107 - Department May Cooperate With County or Political Subdivision Providing Funds for Oyster Cultivation

The Department may cooperate with any county or political subdivision providing funds to purchase and plant shells and transplant seed oysters. The appropriate governing body of any county or political subdivision that expends funds for this purpose may designate the planting areas for the purchased shells.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11 - Oyster and Clam Culture › Section 4-1118.1 - Destroying Natural Oyster Bars

(a)    Except for normal harvesting activities, the dredging and transplanting of oyster shell or seed oysters as part of the Department’s Oyster Propagation Program, or as authorized in a State wetlands license, a person may not destroy, damage, or injure any oyster bar, reef, rock, or other area located on a natural oyster bar in the Chesapeake Bay that is not a leased oyster bottom.
(b)    Any person who destroys, damages, or injures any oyster bar, reef, rock, or other area referred to in subsection (a) of this section is liable to the State in a civil action, as the Department considers appropriate, for the restoration of, mitigation of, or monetary damages for any destruction, damage, or injury that the person causes to resources on the natural oyster bar.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Maryland Statutes › Natural Resources › Title 4 - Fish and Fisheries › Subtitle 11A - Aquaculture › Section 4-11A-07 - Atlantic Coastal Bays -- Submerged Land Lease

(a)    This section applies to a submerged land lease in the waters of the Atlantic Coastal Bays.
(b)    (1)    Subject to paragraph (2) of this subsection, the Department may issue to a person a submerged land lease in waters of the Atlantic Coastal Bays after the Department of the Environment classifies the waters as:
(i)    Approved, conditionally approved, or restricted for harvest; or
(ii)    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.
(2)    The Department may issue a submerged land lease in the waters of the Atlantic Coastal Bays to a corporation only if:
(i)    The corporation is organized under the laws of the State; and
(ii)    More than 50% of the stock in the corporation is owned by residents of the State.
(c)    (1)    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 any oyster reserve or a Yates Bar located in an oyster sanctuary;
(iv)    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)    Paragraph (1)(v) of this subsection does not apply to a riparian owner or a lawful occupant of the riparian property.
(d)    A person with a submerged land lease in the Atlantic Coastal Bays 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.
(e)    (1)    The Department may establish submerged land areas in the Atlantic Coastal Bays that:
(i)    Are preapproved for leasing;
(ii)    May not be leased; or
(iii)    May be approved for leasing only on specific application and review by the Department.
(2)    In establishing areas that are preapproved for leasing or that may not be leased under paragraph (1) of this subsection, the Department shall consider potential conflicts presented by other uses of the proposed area, including navigation, recreation, and commercial fishing.
(f)    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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.