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ROBERT L. EHRLICH, JR., Governor
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Ch. 202
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Section 4-11A-02
Annotated Code of Maryland
(2005 Replacement Volume and 2005 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Natural Resources
4-11A-02.
(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 § 10-1303 of the Agriculture
Article, and incorporate in the regulations public notice provisions in accordance with
§ 4-11A-06 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.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PERSON WHO IS
OTHERWISE ENTITLED TO A PERMIT TO ENGAGE IN AQUACULTURE OPERATIONS
MAY ESTABLISH OYSTER SEED AREAS IN ANY WATERS OF THE STATE PROVIDED
THAT THE OYSTER SEED HAS ACCEPTABLE LEVELS OF POISONOUS OR DELETERIOUS
SUBSTANCES AS SPECIFIED IN THE GUIDANCE DOCUMENTS OF THE UNITED STATES
FOOD AND DRUG ADMINISTRATION'S NATIONAL SHELLFISH SANITATION PROGRAM
ENTITLED, "CHAPTER II. GROWING AREAS, .04 ACTION LEVELS, TOLERANCES AND
GUIDANCE LEVELS FOR POISONOUS OR DELETERIOUS SUBSTANCES IN SEAFOOD".
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