Shellfish Aquaculture - Penalties - Suspension or Revocation of Permit or Registration Card

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amendment.
*hb1400*

HOUSE BILL 1400
M2 6lr1884
CF SB 166
By: Delegates Jacobs, Adams, Arentz, Baker, Beauchamp, Boyce, Buckel,
Ciliberti, Ghrist, Hornberger, Howard, Hutchinson, McComas, T. Morgan,
Reilly, Schmidt, and Wivell Wivell, Healey, and Ziegler
Introduced and read first time: February 13, 2026
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 9, 2026

CHAPTER ______

AN ACT concerning 1

Shellfish Aquaculture – Penalties – Suspension or Revocation of Permit or 2
Registration Card 3

FOR the purpose of authorizing the suspension or revocation of a shellfish aquaculture 4
harvester permit or shellfish aquaculture harvester registration card for certain 5
violations; prohibiting a person whose registration or permit permit or registration 6
card has been suspended or revoked in accordance with this Act from engaging or 7
working in any aquaculture activity during the suspension or revocation; authorizing 8
a certain leaseholder and the Department of Natural Resources to com plete within 9
certain time periods a process to remove gear or transfer a shellfish aquaculture 10
lease in a certain manner; and generally relating to shellfish aquaculture. 11

BY adding to 12
Article – Natural Resources 13
Section 4–1212 14
Annotated Code of Maryland 15
(2023 Replacement Volume and 2025 Supplement) 16

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18

Article – Natural Resources 19

2 HOUSE BILL 1400

4–1212. 1

(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 2
INDICATED. 3

(2) “PERMIT” MEANS A SHELLFISH AQ UACULTURE HARVESTER 4
PERMIT ISSUED BY THE DEPARTMENT. 5

(3) “REGISTRATION CARD ” MEANS A SHELLFISH AQ UACULTURE 6
HARVESTER REGISTRATION CARD ISSUED BY THE DEPARTMENT. 7

(B) (1) IN ADDITION TO ANY OTHER PENALTY OR FINE PROVIDED IN THIS 8
TITLE, A PERSON WHO HOLDS A SHELLFISH AQUACULTURE HARVESTER PERMIT OR 9
SHELLFISH AQUACULTUR E HARVESTER REGISTRA TION CARD AND RECEIV ES A 10
CITATION FOR AN OFFE NSE LISTED UNDER PAR AGRAPH (2) OF THIS SUBSECTION 11
MAY, IN ACCORDANCE WITH THIS SECTION , HAVE THE PERMIT OR R EGISTRATION 12
CARD: 13

(I) FOR A FIRST VIOLATION , SUSPENDED FOR UP TO 5 YEARS; 14
AND 15

(II) FOR A SECOND OR SUBSEQUENT VIOLATION, REVOKED. 16

(2) THE FOLLOWING OFFENSES, COMMITTED IN VIOLATION OF THIS 17
TITLE OR OF ANY REGULATION ADOPTED U NDER THIS TITLE , ARE GROUNDS FOR 18
SUSPENSION OR REVOCA TION OF A PERMIT OR REGISTRATION CARD UN DER THIS 19
SECTION: 20

(I) TAKING OYSTERS LOCATED FROM A CLOSED OR 21
PROHIBITED AREA MORE THAN 200 FEET WITHIN A CLOSED OR P ROHIBITED AREA 22
OUTSIDE A SHELLFISH AQUACULTURE LEASE; 23

(II) TAKING OYSTERS WITH GEAR THAT IS PROHIBITED IN THAT 24
AREA WHILE MORE THAN 200 FEET WITHIN THE PROHIBITED AREA; 25

(III) TAKING DELIVERING OYSTERS OUTSIDE OF A TIME 26
RESTRICTION FOR THE HARVEST OF OYSTERS BY TO A DEALER MORE THAN 1 HOUR 27
AFTER THE TIME REQUIRED BY THE MARYLAND DEPARTMENT OF HEALTH’S VIBRIO 28
PARAHAEMOLYTICUS CONTROL PLAN AS SET FORTH IN COMAR 10.15.07.06; 29

(IV) (III) TAKING OYSTERS FROM A LEASED AREA BY A PERSON 30
OTHER THAN THE LEASEHOLDER OR THE LEASEHOLDER’S DESIGNEE; AND 31

HOUSE BILL 1400 3

(V) (IV) TAKING OYSTERS FOR COMMERCIAL PURPOSES FROM 1
A NATURAL OYSTER BAR OR THE A PUBLIC SHELLFISH FIS HERY AREA WITHOUT A 2
VALID AUTHORIZATION TO CATCH OYSTERS UNDER § 4–701 OF THIS TITLE; AND 3

(V) UNLAWFULLY TAKING OYS TERS FOR COMMERCIAL 4
PURPOSES FROM A NATURAL OYSTER BAR OR A PUBLIC SHELLFISH FISHERY AREA 5
AND PLANTING THOSE OYSTERS ON A SHELLFISH AQUACULTURE LEASE. 6

(C) (1) BEFORE THE SUSPENSION OR REVOCATION OF A P ERMIT OR 7
REGISTRATION CARD UN DER THIS SECTION , THE DEPARTMENT SHALL HOLD A 8
HEARING ON THE MATTE R IN ACCORDANCE WITH THE ADMINISTRATIVE 9
PROCEDURE ACT UNDER TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT 10
ARTICLE. 11

(2) AFTER A HEARING IS CO NDUCTED UNDER PARAGR APH (1) OF 12
THIS SUBSECTION, IF THE PRESIDING OFF ICER FINDS O R CONCLUDES THAT THE 13
PERSON KNOWINGLY HAS COMMITTED AN OFFENSE LISTED UNDER SUBSECT ION 14
(B)(2) OF THIS SECTION , THE DEPARTMENT SHALL SUSP END OR REVOKE THE 15
PERSON’S PERMIT OR REGISTRA TION CARD IN ACCORDA NCE WITH SUBSECTION 16
(B)(1) OF THIS SECTION. 17

(D) A PERSON WHO IS AGGRIEVED BY THE FINAL DECISIO N OF THE 18
DEPARTMENT MAY OBTAIN JUDICIAL REVIEW OF T HE DECISION IN ACCOR DANCE 19
WITH THE ADMINISTRATIVE PROCEDURE ACT UNDER TITLE 10, SUBTITLE 2 OF THE 20
STATE GOVERNMENT ARTICLE. 21

(E) A PERSON WHOSE REGISTRATION OR PER MIT PERMIT OR 22
REGISTRATION CARD HAS BEEN SUSPEN DED OR REVOKED IN AC CORDANCE WITH 23
THIS SECTION MAY NOT ENGAGE OR WORK IN ANY AQUACULTURE ACTIVITY DURING 24
THE SUSPENSION OR REVOCATION WHETHER OR NOT THE WORK REQUIRES THE USE 25
OF ANOTHER LICENSE PERMIT OR REGISTRATION CARD. 26

(F) (1) (I) THIS SUBSECTION APPLIES ONLY TO A PERSON WHO IS THE 27
SOLE HOLDER OF A SHE LLFISH AQUACULTURE L EASE UNDER SUBTITLE 11A OF 28
THIS TITLE AND WHOSE PERMIT OR REGISTRATION CARD HAS BEEN SUSPENDED OR 29
REVOKED UNDER THIS SECTION. 30

(II) WITHIN 90 DAYS AFTER THE CONCL USION OF AN 31
ADMINISTRATIVE PROCEEDING UNDER § 4–11A–10 OF THIS TITLE THAT RESULTS IN 32
THE TERMINATION OF A LEASE, A PERSON MAY PROVIDE TO THE DEPARTMENT A 33
PLAN TO REMOVE ANY G EAR OR OTHER EQUIPME NT FROM THE LEASED A REA OR 34
TRANSFER THE LEASE TO ANOTHER PERSON. 35

4 HOUSE BILL 1400

(III) WITHIN 60 DAYS AFTER RECEIPT O F THE PLAN UNDER 1
SUBPARAGRAPH (II) OF THIS PARAGRAPH , THE DEPARTMENT SHALL REVI EW THE 2
PLAN AND NOTIFY THE PERSON WHETHER THE P LAN IS COMPLETE OR R EQUIRES 3
REVISIONS. 4

(IV) WITHIN 30 DAYS AFTER THE DEPARTMENT’S NOTIFICATION 5
UNDER SUBPARAGRAPH (III) OF THIS PARAGRAPH, THE PERSON SHALL SUBMIT ANY 6
REQUIRED PLAN REVISI ONS AND A LEASE TRAN SFER APPLICATION TO THE 7
DEPARTMENT. 8

(V) WITHIN 90 DAYS AFTER RECEIPT O F THE PERSON ’S 9
COMPLETED LEASE TRANSFER APPLICAT ION, THE DEPARTMENT SHALL APPR OVE 10
THE LEASE TRANSFER. 11

(2) THE DEPARTMENT MAY NOT TE RMINATE A PERSON ’S LEASE 12
BEFORE THE CONCLUSIO N OF THE PROCESS UND ER PARAGRAPH (1) OF THIS 13
SUBSECTION. 14

(3) A PERSON’S FAILURE TO COMPLET E THE PROCES S UNDER 15
PARAGRAPH (1) OF THIS SUBSECTION M AY RESULT IN THE FOR FEITURE OF ANY 16
GEAR AND EQUIPMENT ON THE LEASED AREA TO THE STATE FOR DESTRUCTION OR 17
DISPOSITION AS THE DEPARTMENT MAY DEEM APPROPRIATE. 18

SECTION 2. AND BE IT FURTHER ENACTED, That this Act sha ll take effect 19
October 1, 2026. 20

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.