WILLIAM DONALD SCHAEFER, Governor                   Ch. 534

CONDITION OF THE AREA IN QUESTION AT ANY TIME WITHIN THE 5-YEAR
PERIOD SHALL BE CONSIDERED IN DETERMINING WHETHER OR NOT THE AREA
IS A NATURAL OYSTER BAR.

(I) (H) "TONG" MEANS ANY PINCERS, NIPPERS, TONGS, OR
SIMILAR DEVICE OPERATED ENTIRELY BY HAND AND CONSISTING OF 2
SHAFTS OR HANDLES AND A METAL BODY COMPOSED OF 2 OPPOSABLE AND
COMPLIMENTARY BASKETS USED IN CATCHING OYSTERS AND CLAMS.

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 AND COOPERATE WITH THE AQUACULTURE POLICY ADVISORY
COMMITTEE AS PROVIDED IN § 10-1302 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 IN THIS SUBTITLE, ALL
PROVISIONS OF THIS TITLE AND REGULATIONS ADOPTED UNDER THIS TITLE
APPLICABLE TO THE TAKING, POSSESSION, SALE, AND TRANSPORT OF FISH
APPLY TO FISH THAT ARE IN OR FROM AQUACULTURE OPERATIONS.

4-11A-03. RESERVED.

(A) THE DEPARTMENT SHALL ADOPT RULES AND REGULATIONS TO

DESIGNATE STATE WATERS AND SUBMERGED LANDS AS AQUACULTURE

ENTERPRISE ZONES AND ADOPT SUCH REGULATIONS AND RULES NECESSARY

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