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S.B. 493
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PARRIS N. GLENDENING, Governor
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Annotated Code of Maryland
(2000 Replacement Volume and 2001 Supplement)
BY repealing and reenacting, with amendments,
Article—Natural Resources
Section 4-11A-02(a)(2)
Annotated Code of Maryland
(2000 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article—Natural Resources
4-1019.3.
(A) (1) THE DEPARTMENT OF NATURAL RESOURCES SHALL, IN
COOPERATION WITH BOTH PRIVATE AND PUBLIC MARYLAND RESEARCH
INSTITUTIONS WITH EXPERTISE IN THE FIELD, STUDY THE POTENTIALITY AND
FEASIBILITY OF CULTIVATING THE SPECIES OF OYSTER CRASSOSTREA ARIAKENSIS
IN MARYLAND WATERS.
(2) THE STUDY REQUIRED IN PARAGRAPH (1) OF THIS SUBSECTION
SHALL INCLUDE AN ANALYSIS OF THE ECOLOCICAL BENEFITS AND RISKS
ASSOCIATED WITH THE INTRODUCTION OF REPRODUCTIVELY CAPABLE NONNATIVE
OYSTER SPECIES IN MARYLAND WATERS.
(B) WITH PRIOR APPROVAL OF THE DEPARTMENT, A PERSON MAY ENGAGE IN
RESEARCH AND EXPERIMENTATION IN MARYLAND WATERS WITH LIVE, NONNATIVE
OYSTERS.
(C) THE DEPARTMENT SHALL ENSURE THAT ANY RESEARCH IT APPROVES
INVOLVING LIVE, NONNATIVE OYSTERS IN MARYLAND WATERS WILL NOT RESULT IN
THE DE FACTO INTRODUCTION OF A NONNATIVE SPECIES.
4-11A-02.
(a) (2) [The] EXCEPT AS SPECIFICALLY AUTHORIZED IN § 4-1019.3 OF THIS
ARTICLE, 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.
SECTION 3. AND BE IT FURTHER ENACTED, That:
(a) On or before December 1, 2003, the Department of Natural Resources shall
submit an interim report to the Governor, the House Environmental Matters
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- 4633 -
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