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Ch. 441
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2005 LAWS OF MARYLAND
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Article - Natural Resources
4-1008.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(2) "INTRODUCTION" MEANS THE INTENTIONAL OR ACCIDENTAL
PLACEMENT IN STATE WATERS OF A NONNATIVE OYSTER FOR ANY PURPOSE OTHER
THAN SCIENTIFIC RESEARCH THAT IS CONDUCTED IN ACCORDANCE WITH
STANDARDS DEVELOPED BY THE CHESAPEAKE BAY PROGRAM UNDER THE U.S.
ENVIRONMENTAL PROTECTION AGENCY.
(3) "NONNATIVE" MEANS A SPECIES OF OYSTER OTHER THAN THE
CRASSOSTREA VIRGINICA.
(B) EXCEPT FOR THE DEPARTMENT, A PERSON MAY NOT INTRODUCE A
NONNATIVE OYSTER INTO STATE WATERS UNLESS THE PERSON HAS A PERMIT
ISSUED BY THE DEPARTMENT.
(C) (1) THE DEPARTMENT MAY NOT INTRODUCE A NONNATIVE OYSTER
INTO STATE WATERS OR ISSUE A PERMIT TO ANOTHER PERSON FOR AN
INTRODUCTION UNLESS:
(I) THE RECOMMENDATIONS SET FORTH IN THE 2004 REPORT,
"NONNATIVE OYSTERS IN THE CHESAPEAKE BAY", PRODUCED BY THE COMMITTEE
ON NONNATIVE OYSTERS IN THE CHESAPEAKE BAY, OCEAN STUDIES BOARD,
DIVISION ON EARTH AND LIFE STUDIES OF THE NATIONAL RESEARCH COUNCIL,
HAVE BEEN SATISFIED MET TO THE EXTENT FEASIBLE FOR THE STATE OF
MARYLAND; AND
(II) THE SPECIFIC RESEARCH PRIORITIES RECOMMENDATIONS SET
FORTH IN "IDENTIFYING AND PRIORITIZING RESEARCH REQUIRED TO EVALUATE
ECOLOGICAL RISKS AND BENEFITS OF INTRODUCING DIPLOID CRASSOTREA
ARIAKENSIS TO RESTORE OYSTERS TO THE CHESAPEAKE BAY" (STAC PUBLICATION
04-002), HAVE BEEN FULLY SATISFIED MET; AND
(III) A DRAFT ENVIRONMENTAL IMPACT STATEMENT CONDUCTED
IN ACCORDANCE WITH THE RECOMMENDATIONS SPECIFIED IN SUBPARAGRAPHS (I)
AND (II) OF THIS PARAGRAPH HAS BEEN COMPLETED; AND
(IV) AN INDEPENDENT OYSTER ADVISORY PANEL OF SCIENTIFIC
EXPERTS APPOINTED BY THE SECRETARY HAS:
1. REVIEWED AND APPROVED THE SUFFICIENCY OF THE
DATA AND ASSESSMENTS USED TO IDENTIFY THE ECOLOGICAL AND ECONOMIC
RISKS AND BENEFITS OF INTRODUCING A NONNATIVE OYSTER INTO STATE WATERS
AND THE DEGREE OF RISK ASSOCIATED WITH IMPLEMENTING EACH OYSTER
RESTORATION ALTERNATIVE IDENTIFIED IN THE DRAFT ENVIRONMENTAL IMPACT
STATEMENT PREPARED IN ACCORDANCE WITH ITEM (III) OF THIS PARAGRAPH; AND
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- 2060 -
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