Aquaculture - Placement of Shellfish, Bags, Nets, and Structures on Submerged Aquatic Vegetation - Extension, the official text

WES MOORE, Governor                                 Ch. 255

Chapter 255

                            (House Bill 784)

AN ACT concerning

Aquaculture – Placement of Shellfish, Bags, Nets, and Structures on Submerged
                                     Aquatic Vegetation – Extension

FOR the purpose of extending the authorization of a leaseholder of certain aquaculture
         leases, with prior written approval from the Department of Natural Resources, to
         place shellfish, bags, nets, and structures on submerged aquatic vegetation, subject
         to certain requirements; and generally relating to aquaculture leases and submerged
         aquatic vegetation.

BY repealing and reenacting, without amendments,
         Article – Natural Resources
         Section 4–11A–10(c) and (c–1)
         Annotated Code of Maryland
         (2023 Replacement Volume and 2025 Supplement)

BY repealing and reenacting, with amendments,
         Chapter 238 of the Acts of the General Assembly of 2019, as amended by Chapter
                  113 of the Acts of the General Assembly of 2024
         Section 3

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                       Article – Natural Resources

4–11A–10.

(c) A leaseholder may not:

                  (1) Place shellfish, bags, nets, or structures on submerged aquatic
vegetation without prior written approval from the Department;

                  (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 outside the hours established by the Department in
regulation; or                                         –1–
Ch. 255  2026 LAWS OF MARYLAND

                  (6) Place unlawfully harvested oysters on a lease.

         (c–1) In approving the placement of shellfish, bags, nets, or structures on
submerged aquatic vegetation under subsection (c)(1) of this section, the Department:

                  (1) May not authorize harvesting by dredge in areas where submerged
aquatic vegetation is present;

                  (2) Shall authorize for water column leases the placement of shellfish,
bags, nets, or structures in at least 10% of the area where submerged aquatic vegetation is
present; and

                  (3) Shall authorize harvest by diving in areas on any submerged land lease
where submerged aquatic vegetation is present.

 Chapter 238 of the Acts of 2019, as amended by Chapter 113 of the Acts of 2024

         SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2019. It shall remain effective for a period of [8] 11 years and 1 month and, at the end
of June 30, [2027] 2030, this Act, with no further action required by the General Assembly,
shall be abrogated and of no further force and effect.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2026.

Approved by the Governor, April 28, 2026.

         –2–