2154

LAWS OF MARYLAND

Ch. 613

WHEREAS, Many small oysters or spat remain viable for
several days once harvested on marketable oysters, especially
during cool weather, and they should be treated as a source of
seed as well as cultch for future generations; and

WHEREAS, By rapidly planting fresh oyster shell, small

oysters that adhere to the shell will have an opportunity to

survive and produce harvestable oysters in a shorter time period;
now, therefore,

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

Article - Natural Resources

4-1019.1.

(A) THIS SECTION DOES NOT APPLY TO:

(1) AN INDIVIDUAL WHO TAKES OR USES OYSTERS FOR
PERSONAL USE OR CONSUMPTION PURPOSES; OR

(2) OLD OYSTER SHELLS THAT ARE DREDGED FROM THE
CHESAPEAKE BAY OR ITS TRIBUTARIES.

(B) ANY COMMERCIAL OYSTER PACKER SHALL RESERVE ALL OYSTER
SHELLS FOR THE USE OF THE DEPARTMENT IN REPLANTING ON PUBLIC
OYSTER AREAS UNLESS THE PACKER PLANTS THESE OYSTER SHELLS:

(1) ON PRIVATE LEASED GROUND OR RIPARIAN BOTTOM FOR
THE PROPAGATION OF OYSTERS; OR

(2) ON PUBLIC OYSTER AREAS DESIGNATED BY THE

DEPARTMENT.

(C) IN CONSULTATION WITH THE MARYLAND OYSTER PACKERS, THE
DEPARTMENT SHALL DETERMINE ANNUALLY THE FAIR MARKET VALUE THAT
THE DEPARTMENT PAYS FOR FRESH OYSTER SHELLS:

(D) A PERSON MAY NOT SELL FRESH OYSTER SHELLS TO ANOTHER
PERSON FOR ANY PURPOSE THAT IS CONTRARY TO THE PROVISIONS OF
SUBSECTION (B) OF THIS SECTION.

(E) IF THE DEPARTMENT HAS BUDGETARY CONSTRAINTS IN CARRYING
OUT THE PROVISIONS OF THIS SECTION, OYSTER PACKERS DO NOT HAVE TO
COMPLY WITH THE PROVISIONS OF SUBSECTIONS (B) AND (D) OF THIS
SECTION.

THE DEPARTMENT SHALL ESTABLISH A VOLUNTARY PROGRAM INITIATE
THE DEVELOPMENT OF A PROGRAM FOR ENACTMENT BY THE MARYLAND

GENERAL ASSEMBLY TO ENCOURAGE RETURN OF THE STATE'S OYSTER SHELL
RESOURCE TO THE TIDAL WATERS OF THE STATE TO ASSIST OYSTER
PROPAGATION. THE DEPARTMENT ALSO MAY USE THE FISHERIES RESEARCH
AND DEVELOPMENT FUND TO PURCHASE OYSTER SHELL.