Shellfish Aquaculture - Penalties - Suspension or Revocation of Permit or Registration Card, the official text

WES MOORE, Governor                  Ch. 305

Chapter 305

                   (Senate Bill 166)

AN ACT concerning

Shellfish Aquaculture – Penalties – Suspension or Revocation of Permit or
                                            Registration Card

FOR the purpose of authorizing the suspension or revocation of a shellfish aquaculture
         harvester permit or shellfish aquaculture harvester registration card for certain
         violations; prohibiting a person whose registration or permit permit or registration
         card has been suspended or revoked in accordance with this Act from engaging or
         working in any aquaculture activity during the suspension or revocation; authorizing
         a certain leaseholder and the Department of Natural Resources to complete within
         certain time periods a process to remove gear or transfer a shellfish aquaculture
         lease in a certain manner; and generally relating to shellfish aquaculture.

BY adding to
         Article – Natural Resources
         Section 4–1212
         Annotated Code of Maryland
         (2023 Replacement Volume and 2025 Supplement)

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

                   Article – Natural Resources

4–1212.

        (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

                (2) “PERMIT” MEANS A SHELLFISH AQUACULTURE HARVESTER
PERMIT ISSUED BY THE DEPARTMENT.

                (3) “REGISTRATION CARD” MEANS A SHELLFISH AQUACULTURE
HARVESTER REGISTRATION CARD ISSUED BY THE DEPARTMENT.

        (B) (1) IN ADDITION TO ANY OTHER PENALTY OR FINE PROVIDED IN THIS
TITLE, A PERSON WHO HOLDS A SHELLFISH AQUACULTURE HARVESTER PERMIT OR

SHELLFISH AQUACULTURE HARVESTER REGISTRATION CARD AND RECEIVES A

CITATION FOR AN OFFENSE LISTED UNDER PARAGRAPH (2) OF THIS SUBSECTION

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Ch. 305            2026 LAWS OF MARYLAND

MAY, IN ACCORDANCE WITH THIS SECTION, HAVE THE PERMIT OR REGISTRATION
CARD:

         (I) FOR A FIRST VIOLATION, SUSPENDED FOR UP TO 5 YEARS;

AND

         (II) FOR A SECOND OR SUBSEQUENT VIOLATION, REVOKED.

                (2) THE FOLLOWING OFFENSES, COMMITTED IN VIOLATION OF THIS
TITLE OR OF ANY REGULATION ADOPTED UNDER THIS TITLE, ARE GROUNDS FOR

SUSPENSION OR REVOCATION OF A PERMIT OR REGISTRATION CARD UNDER THIS

SECTION:

                         (I) TAKING OYSTERS LOCATED FROM A CLOSED OR
PROHIBITED AREA MORE THAN 200 FEET WITHIN A CLOSED OR PROHIBITED AREA
OUTSIDE A SHELLFISH AQUACULTURE LEASE;

                         (II) TAKING OYSTERS WITH GEAR THAT IS PROHIBITED IN THAT
AREA WHILE MORE THAN 200 FEET WITHIN THE PROHIBITED AREA;

                         (III) TAKING DELIVERING OYSTERS OUTSIDE OF A TIME
RESTRICTION FOR THE HARVEST OF OYSTERS BY TO A DEALER MORE THAN 1 HOUR
AFTER THE TIME REQUIRED BY THE MARYLAND DEPARTMENT OF HEALTH’S VIBRIO
PARAHAEMOLYTICUS CONTROL PLAN AS SET FORTH IN COMAR 10.15.07.06;

                         (IV) (III) TAKING OYSTERS FROM A LEASED AREA BY A PERSON
OTHER THAN THE LEASEHOLDER OR THE LEASEHOLDER’S DESIGNEE; AND

         (V) (IV)  TAKING OYSTERS FOR COMMERCIAL PURPOSES FROM

A NATURAL OYSTER BAR OR THE A PUBLIC SHELLFISH FISHERY AREA WITHOUT A

VALID AUTHORIZATION TO CATCH OYSTERS UNDER § 4–701 OF THIS TITLE; AND

                         (V) UNLAWFULLY TAKING OYSTERS FOR COMMERCIAL

PURPOSES FROM A NATURAL OYSTER BAR OR A PUBLIC SHELLFISH FISHERY AREA

AND PLANTING THOSE OYSTERS ON A SHELLFISH AQUACULTURE LEASE.

        (C) (1) BEFORE THE SUSPENSION OR REVOCATION OF A PERMIT OR
REGISTRATION CARD UNDER THIS SECTION, THE DEPARTMENT SHALL HOLD A
HEARING ON THE MATTER IN ACCORDANCE WITH THE ADMINISTRATIVE
PROCEDURE ACT UNDER TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT
ARTICLE.

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WES MOORE, Governor  Ch. 305

                (2) AFTER A HEARING IS CONDUCTED UNDER PARAGRAPH (1) OF
THIS SUBSECTION, IF THE PRESIDING OFFICER FINDS OR CONCLUDES THAT THE

PERSON KNOWINGLY HAS COMMITTED AN OFFENSE LISTED UNDER SUBSECTION

(B)(2) OF THIS SECTION, THE DEPARTMENT SHALL SUSPEND OR REVOKE THE
PERSON’S PERMIT OR REGISTRATION CARD IN ACCORDANCE WITH SUBSECTION
(B)(1) OF THIS SECTION.

        (D) A PERSON WHO IS AGGRIEVED BY THE FINAL DECISION OF THE
DEPARTMENT MAY OBTAIN JUDICIAL REVIEW OF THE DECISION IN ACCORDANCE
WITH THE ADMINISTRATIVE PROCEDURE ACT UNDER TITLE 10, SUBTITLE 2 OF THE
STATE GOVERNMENT ARTICLE.

        (E) A PERSON WHOSE REGISTRATION OR PERMIT PERMIT OR

REGISTRATION CARD HAS BEEN SUSPENDED OR REVOKED IN ACCORDANCE WITH
THIS SECTION MAY NOT ENGAGE OR WORK IN ANY AQUACULTURE ACTIVITY DURING
THE SUSPENSION OR REVOCATION WHETHER OR NOT THE WORK REQUIRES THE USE

OF ANOTHER LICENSE PERMIT OR REGISTRATION CARD.

        (F) (1) (I) THIS SUBSECTION APPLIES ONLY TO A PERSON WHO IS THE
SOLE HOLDER OF A SHELLFISH AQUACULTURE LEASE UNDER SUBTITLE 11A OF

THIS TITLE AND WHOSE PERMIT OR REGISTRATION CARD HAS BEEN SUSPENDED OR

REVOKED UNDER THIS SECTION.

                         (II) WITHIN 90 DAYS AFTER THE CONCLUSION OF AN
ADMINISTRATIVE PROCEEDING UNDER § 4–11A–10 OF THIS TITLE THAT RESULTS IN
THE TERMINATION OF A LEASE, A PERSON MAY PROVIDE TO THE DEPARTMENT A

PLAN TO REMOVE ANY GEAR OR OTHER EQUIPMENT FROM THE LEASED AREA OR

TRANSFER THE LEASE TO ANOTHER PERSON.

                         (III) WITHIN 60 DAYS AFTER RECEIPT OF THE PLAN UNDER
SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE DEPARTMENT SHALL REVIEW THE

PLAN AND NOTIFY THE PERSON WHETHER THE PLAN IS COMPLETE OR REQUIRES

REVISIONS.

                         (IV) WITHIN 30 DAYS AFTER THE DEPARTMENT’S NOTIFICATION
UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH, THE PERSON SHALL SUBMIT ANY

REQUIRED PLAN REVISIONS AND A LEASE TRANSFER APPLICATION TO THE

DEPARTMENT.

                         (V) WITHIN 90 DAYS AFTER RECEIPT OF THE PERSON’S
COMPLETED LEASE TRANSFER APPLICATION, THE DEPARTMENT SHALL APPROVE
THE LEASE TRANSFER.

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Ch. 305  2026 LAWS OF MARYLAND

                (2) THE DEPARTMENT MAY NOT TERMINATE A PERSON’S LEASE
BEFORE THE CONCLUSION OF THE PROCESS UNDER PARAGRAPH (1) OF THIS
SUBSECTION.

                (3) A PERSON’S FAILURE TO COMPLETE THE PROCESS UNDER
PARAGRAPH (1) OF THIS SUBSECTION MAY RESULT IN THE FORFEITURE OF ANY
GEAR AND EQUIPMENT ON THE LEASED AREA TO THE STATE FOR DESTRUCTION OR
DISPOSITION AS THE DEPARTMENT MAY DEEM APPROPRIATE.

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

Approved by the Governor, April 28, 2026.

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