ROBERT L. EHRLICH, JR., Governor

S.B. 13

WHEREAS, The General Assembly desires to establish a process to govern the
complete closure of an area of State waters to all finfishing throughout the year; now,
therefore,

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

Article - Natural Resources

4-215.1.

(A)     THE PROVISIONS OF THIS SECTION DO NOT APPLY IF:

(1)     THE DEPARTMENT OF THE ENVIRONMENT HAS DETERMINED THAT
IT IS NECESSARY TO CLOSE AN AREA OF STATE WATERS TO FINFISHING FOR THE
PROTECTION OF THE PUBLIC HEALTH AND SAFETY;

(2)     AN ABATEMENT OR A SUMMARY ABATEMENT OF A STATE OF
NUISANCE IS NECESSARY UNDER § 4-205.1 OF THIS SUBTITLE: OR

(3)      THE DEPARTMENT CLOSES AN AREA OF STATE WATERS:

(I)      FOR THE STOCKING OF COLDWATER TROUT; OR

(II)     IN ORDER TO PROVIDE A SECURITY ZONE ADJACENT TO A
PRODUCTION HATCHERY.

(B)     THE DEPARTMENT MAY NOT COMPLETELY CLOSE AN AREA OF STATE
WATERS TO ALL FINFISHING UNLESS IF THE DEPARTMENT:

(1)      IN A WRITTEN REPORT MADE AVAILABLE TO THE GENERAL PUBLIC:

(I)      FINDS MAKES A FINDING THAT THE CLOSURE IS NECESSARY,
AFTER DUE CONSIDERATION OF:

1.       THE SCIENTIFIC BASIS FOR THE FINDING CLOSURE;

2.       THE PURPOSE OF THE CLOSURE;

3.       THE RATIONALE FOR THE SELECTION OF THE SPECIFIC
AREA TO BE CLOSED;

4.       THE SUFFICIENCY OF THE AREA CLOSED TO GENERATE
THE BENEFITS PROJECTED; AND

5.       THE LIKELIHOOD THAT THE SAME OBJECTIVE COULD BE
EFFECTIVELY ACCOMPLISHED THROUGH THE USE OF ALTERNATIVE MANAGEMENT
MEASURES; AND

(II)     DEVELOPS PROTOCOLS AND A REPORTING TIMELINE TO
MONITOR AND EVALUATE THE EFFECTIVENESS OF THE CLOSURE; AND

(2)      HOLDS AT LEAST ONE PUBLIC HEARING IN ACCORDANCE WITH THE
REQUIREMENTS UNDER SUBSECTION (C) (D) OF THIS SECTION.

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