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Session Laws, 1988
Volume 770, Page 3523   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                   Ch. 534

(f) The Secretary may issue a permit, under the terms and
conditions he prescribes, to allow any act otherwise prohibited
by subsections (c) and (d) for scientific purposes, [or] to
enhance the propagation or survival of the affected species, OR
FOR AQUACULTURE INVOLVING THE AFFECTED SPECIES IN NONTIDAL PONDS,
LAKES, OR IMPOUNDMENTS.

4-2A-08.

(b) (1) If the species of fish known as striped bass or
rockfish, including hybrids thereof, is listed as threatened or
endangered pursuant to the provisions of this subtitle, all
prohibitions of this subtitle shall apply to any striped bass or
hybrid located within the State whether or not the fish may have
been taken lawfully in another state, except as authorized in
this subsection.

(4) A PERSON WHO HOLDS A PERMIT ISSUED BY THE
SECRETARY UNDER § 4-2A-05(F) FOR AQUACULTURE OF STRIPED BASS OR
HYBRIDS OF STRIPED BASS MAY POSSESS, RAISE, STORE, PROCESS, AND
TRANSPORT THEM THROUGH THIS STATE FOR SALE IN ANOTHER
JURISDICTION, ACCORDING TO REGULATIONS PROMULGATED BY THE
SECRETARY.

SECTION 3. AND BE IT FURTHER ENACTED, That the Aquaculture
Policy Committee Departments of Agriculture and Natural Resources
shall report to the Legislative Policy Committee on or before
January 1, 1989, on the advisability of authorizing the sale of
fish raised in aquaculture that have been declared threatened or
endangered under the Endangered Species of Fish Conservation Act
and any proposed plan of implementation if the sale of such fish
should be authorized. If the Aquaculture Policy Committee
recommends Departments recommend that sale of such fish should be
authorized and the Legislative Policy Committee approves the
recommendation, then Section 2 of this Act shall take effect upon
the Committee's approval. If the recommendation is not approved,
Section 2 of this Act shall take effect on January 1, 1990.

SECTION 4. AND BE IT FURTHER ENACTED, That notwithstanding
any other provision of law, the Department of Natural Resources
may issue a permit authorizing a person to possess, raise, store,
process, and transport striped bass fingerlings or hybrids of
striped bass fingerlings, raised by aquaculture, for sale in

accordance with regulations adopted by the Department. The

Department may not issue a permit under this Section unless the
Department assures that the moratorium on striped bass will not
be adversely affected.

SECTION 5 4. AND BE IT FURTHER ENACTED, That the
Aquaculture Advisory Committee shall consult jointly with the

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Session Laws, 1988
Volume 770, Page 3523   View pdf image
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