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ROBERT L. EHRLICH, JR., Governor Ch. 441
2. IDENTIFIED ANY ADDITIONAL RESEARCH THAT THE
PANEL RECOMMENDS TO REDUCE THE LEVEL OF RISK AND UNCERTAINTY.
(2) BEFORE THE DEPARTMENT MAY INTRODUCE A NONNATIVE OYSTER
INTO STATE WATERS OR ISSUE A PERMIT TO ANOTHER PERSON FOR AN
INTRODUCTION, THE DEPARTMENT SHALL:
(I) SUBJECT TO § 2-1246 OF THE STATE GOVERNMENT ARTICLE,
SUBMIT A REPORT TO THE GENERAL ASSEMBLY DEMONSTRATING THAT THE
DEPARTMENT HAS MET THE REQUIREMENTS OF PARAGRAPH (1) OF THIS
SUBSECTION;
(II) CONDUCT PUBLIC HEARINGS REGARDING THE DEPARTMENT'S
DECISION TO INTRODUCE OR TO ISSUE A PERMIT TO INTRODUCE A NONNATIVE
OYSTER INTO STATE WATERS;
(III) FOR AT LEAST 30 DAYS FOLLOWING THE LAST PUBLIC HEARING
CONDUCTED UNDER ITEM (II) OF THIS PARAGRAPH, RECEIVE WRITTEN PUBLIC
COMMENTS ON THE DEPARTMENT'S DECISION TO INTRODUCE OR TO ISSUE A PERMIT
TO INTRODUCE; AND
(IV) 1. ISSUE AND PUBLISH A FINAL DECISION, INCLUDING A
FULL SCIENTIFIC RATIONALE FOR THE FINAL DECISION, A SUMMARY OF ORAL AND
WRITTEN COMMENTS RECEIVED UNDER ITEMS (II) AND (III) OF THIS PARAGRAPH,
AND THE DEPARTMENT'S RESPONSE TO THESE COMMENTS, IN THE MARYLAND
REGISTER; AND
2. PUBLISH THE FINAL DECISION, INCLUDING ALL
ACCOMPANYING DOCUMENTATION UNDER ITEM 1 OF THIS ITEM, ON THE
DEPARTMENT'S WEBSITE.
(3) INTRODUCTION OF A NONNATIVE OYSTER MAY NOT OCCUR UNTIL
AT LEAST 60 DAYS AFTER ISSUANCE OF A FINAL DECISION UNDER PARAGRAPH (2)(IV)
OF THIS SUBSECTION.
(D) IN ADDITION TO ANY OTHER PENALTY PROVIDED UNDER LAW, A PERSON
WHO VIOLATES SUBSECTION (B) OF THIS SECTION IS:
(1) GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT NOT EXCEEDING 2 YEARS OR A FINE NOT EXCEEDING $25,000 OR
BOTH, WITH COSTS IMPOSED IN THE DISCRETION OF THE COURT; AND
(2) LIABLE FOR THE IMPOSITION OF A CIVIL PENALTY UP TO $25,000
AND, IN THE DISCRETION OF THE COURT, THE ACTUAL COSTS ASSOCIATED WITH
REMEDIATION OF THE INTRODUCTION.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health or safety,
has been passed by a yea and nay vote supported by three-fifths of all the members
elected to each of the two Houses of the General Assembly, and shall take effect from
the date it is enacted.
- 2061 -
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