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*sb0875*
SENATE BILL 875
M2 6lr3097
CF 6lr2732
By: Senators Carozza, Mautz, and Hershey
Introduced and read first time: February 6, 2026
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Oysters – Rotational Harvest – Pilot Program 2
FOR the purpose of establishing a rotational harvest pilot program for oysters to be 3
implemented by the Department of Natural Resources; requiring the Department to 4
open certain areas of the Chesapeake Bay to the rotational harvest of oysters in 5
certain manners; requiring a certain replacement of oyster shells on the bar where 6
they were caught under the pilot program; requiring the Department, before opening 7
an area to oyster harvesting under the pilot program, to survey and investigate the 8
area to collect certain baseline data and, after closing the area, to continue to monitor 9
the area to collect certain additional data; and generally rela ting to a rotational 10
harvest pilot program for oysters. 11
BY adding to 12
Article – Natural Resources 13
Section 4–1011 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
4–1011. 20
(A) THERE IS A 5–YEAR ROTATIONAL HARV EST PILOT PROGRAM FO R 21
OYSTERS TO BE IMPLEMENTED BY THE DEPARTMENT. 22
(B) THE PILOT PROGRAM SHA LL APPLY TO FOUR DES IGNATED AREAS OF 23
THE CHESAPEAKE BAY, AS FOLLOWS: 24
2 SENATE BILL 875
(1) THE LOWER CHOPTANK ROTATIONAL HARVEST AREA, WHICH 1
CONSISTS OF ALL OF THE WATERS OF THE LOWER CHOPTANK RIVER ENCLOSED BY 2
A LINE BEGINNING AT A POINT ON THE SHORE OF HORN POINT DEFINED BY LAT. 3
38°36.324’ N, LONG. 76°8.451’ W; THEN RUNNING WESTERL Y ALONG THE 4
SOUTHERLY SHORE OF T HE CHOPTANK RIVER (INCLUDING ALL CREEKS , COVES, 5
AND BAYS) TO A POINT ON THE SHORE OF TODDS POINT DEFINED BY LAT. 38°37.683’ 6
N, LONG. 76°14.168’ W; THEN RUNNING 38° TRUE TO A POINT DEFI NED BY LAT. 7
38°38.664’ N, LONG. 76°13.197’ W; THEN RUNNING 112° TRUE TO A POINT DEFINED 8
BY LAT. 38°38.562’ N, LONG. 76°12.874’ W; THEN RUNNING 98° TRUE TO A POINT 9
DEFINED BY LAT. 38°38.518’ N, LONG. 76°12.494’ W; THEN RUNNING 84° TRUE TO A 10
POINT DEFINED BY LAT. 38°38.576’ N, LONG. 76°11.793’ W; THEN RUNNING 71° 11
TRUE TO A POINT DEFI NED BY LAT. 38°38.732’ N, LONG. 76°11.226’ W; THEN 12
RUNNING 60° TRUE TO A POINT DEFI NED BY LAT. 38°38.790’ N, LONG. 76°11.095’ 13
W; THEN RUNNING 91° TRUE TO A POINT DEFI NED BY LAT. 38°38.789’ N, LONG. 14
76°10.919’ W; THEN RUNNING 108° TRUE TO A POINT DEFI NED BY LAT. 38°38.680’ 15
N, LONG. 76°10.498’ W; THEN RUNNING 123° TRUE TO A POINT DEFI NED BY LAT. 16
38°38.536’ N, LONG. 76°10.221’ W; THEN RUNNING 134° TRUE TO A POINT DEFINED 17
BY LAT. 38°38.095’ N, LONG. 76°9.631’ W; THEN RUNNING 122° TRUE TO A POINT 18
DEFINED BY LAT. 38°37.933’ N, LONG. 76°9.296’ W; THEN RUNNING 103° TRUE TO A 19
POINT DEFINED BY LAT. 38°37.884’ N, LONG. 76°9.023’ W; THEN RUNNING 87° TRUE 20
TO A POINT DEFINED BY LAT. 38°37.898’ N, LONG. 76°8.684’ W; THEN RUNNING 92° 21
TRUE TO A POINT DEFI NED BY LAT. 38°37.890’ N, LONG. 76°8.408’ W; THEN 22
RUNNING 106° TRUE TO A POINT DEFI NED BY LAT. 38°37.866’ N, LONG. 76°8.302’ 23
W; THEN RUNNING 128° TRUE TO A POINT DEFI NED BY LAT. 38°37.810’ N, LONG. 24
76°8.212’ W; THEN RUNNING 165° TRUE TO A POINT DEFINED BY LAT. 38°37.496’ N, 25
LONG. 76°8.108’ W; THEN RUNNING 176° TRUE TO A POINT DEFI NED BY LAT. 26
38°37.260’ N, LONG. 76°8.084’ W; THEN RUNNING 180° TRUE TO A POINT DEFINED 27
BY LAT. 38°36.846’ N, LONG. 76°8.080’ W; THEN RUNNING 169° TRUE TO A POINT 28
DEFINED BY LAT. 38°36.671’ N, LONG. 76°8.039’ W; THEN RUNNING 153° TRUE TO A 29
POINT DEFINED BY LAT. 38°36.534’ N, LONG. 76°7.949’ W; THEN RUNNING 140° 30
TRUE TO A POINT DEFI NED BY LAT. 38°36.507’ N, LONG. 76°7.920’ W; THEN 31
RUNNING 246° TRUE TO THE POINT OF BEGINNING; 32
(2) THE LOWER MAIN STEM CHESAPEAKE BAY ROTATIONAL 33
HARVEST AREA, WHICH CONSISTS OF ALL OF THE WATERS OF THE AREA ENCLOSED 34
BY A LINE BEGINNING AT A POINT DEFINED BY LAT. 37° 58.800’ N, LONG. 76° 4.680’ 35
W; THEN RUNNING 283° TRUE TO A POINT DEFINE D BY LAT. 37° 59.798’ N, LONG. 36
76° 9.965’ W; THEN RUNNING 342° TRUE TO A POINT DEFINED BY LAT. 38° 8.366’ N, 37
LONG. 76° 13.580’ W; THEN RUNNING 81° TRUE TO A POINT DEFI NED BY LAT. 38° 38
9.181’ N, LONG. 76° 6.720’ W; THEN RUNNING 171° TRUE TO THE POINT OF 39
BEGINNING; 40
SENATE BILL 875 3
(3) THE HERRING BAY ROTATIONAL HARVEST AREA, WHICH 1
CONSISTS OF ALL OF THE WATERS OF THE AREA ENCLOSED BY A LINE BEGINNING AT 2
A POINT DEFINED BY LAT. 38°41.237’ N, LONG. 76°30.215’ W; THEN RUNNING 272° 3
TRUE TO A POINT ON SHORE AT CHESAPEAKE BEACH, DEFINED BY LAT. 38°41.278’ 4
N, LONG. 76°31.974’ W; THEN RUNNING NORTHERLY ALONG THE SHORE TO A POINT 5
ON SHORE AT FRANKLIN POINT DEFINED BY LAT. 38°49.048’ N, LONG. 76°29.869’ 6
W; THEN RUNNING 95° TRUE TO A POINT DEFI NED BY LAT. 38°48.915’ N, LONG. 7
76°27.761’ W; THEN RUNNING 194° TRUE TO THE POINT OF BEGINNING; AND 8
(4) THE LOWER CHESTER ROTATIONAL HARVEST AREA , WHICH 9
CONSISTS OF THE AREA ENCLOSED BY A LINE BEGINNING AT A POINT ON THE SHORE 10
AT LONG POINT IN THE CHESTER RIVER DEFINED BY LAT. 38°58.798’ N, LONG. 11
76°13.825’ W; THEN RUNNING 272° TRUE TO A POINT ON S HORE AT FERRY POINT 12
DEFINED BY LAT. 38°58.819’ N, LONG. 76°14.626’ W; THEN RUNNING 13
NORTHWESTERLY ALONG THE SHORE TO LOVE POINT AND THEN SOUTHE RLY 14
ALONG THE WEST SHORE OF KENT ISLAND TO A POINT DEFINED BY LAT. 39°1.521’ 15
N, LONG. 76°19.123’ W; THEN RUNNING 270° TRUE TO A POINT DEFI NED BY LAT. 16
39°1.531’ N, LONG. 76°20.782’ W; THEN RUNNING 31° TRUE TO A POINT ON S HORE 17
AT GRATITUDE, DEFINED BY LAT. 39°8.366’ N, LONG. 76°15.579’ W; THEN RUNNING 18
SOUTHERLY ALONG THE SHORE TO A POINT AT THE NORTH SIDE OF EASTERN NECK 19
NARROWS, DEFINED BY LAT. 39°3.337’ N, LONG. 76°13.327’ W; THEN RUNNING 192° 20
TRUE TO A POINT AT T HE SOUTH SIDE OF EASTERN NECK NARROWS, DEFINED BY 21
LAT. 39°03.300’ N, LONG. 76°13.337’ W; THEN RUNNING SOUTHER LY ALONG THE 22
WEST SHORE OF EASTERN NECK ISLAND TO PANHANDLE POINT DEFINED BY LAT. 23
39°0.936’ N, LONG. 76°13.444’ W; THEN RUNNING 188° TRUE TO THE POINT OF 24
BEGINNING. 25
(C) (1) THE DEPARTMENT SHALL: 26
(I) IN ITS DISCRETION OPE N O NE DIFFERENT OYSTER BAR 27
WITHIN THE LOWER CHOPTANK RIVER SANCTUARY FOR EACH OF THE 2026–2027, 28
2027–2028, AND 2028–2029 OYSTER SEASONS; 29
(II) REOPEN THE SAME OYSTE R BAR FOR THE 2029–2030 30
OYSTER SEASON THAT IT HAD OPENED FOR THE 2026–2027 OYSTER SEASON; AND 31
(III) REOPEN THE SAME OYSTE R BAR FOR THE 2030–2031 32
OYSTER SEASON THAT IT HAD OPENED FOR THE 2027–2028 OYSTER SEASON. 33
(2) OF THE THREE OYSTER BARS LOCATED WITHIN THE LOWER MAIN 34
STEM CHESAPEAKE BAY ROTATIONAL HARVEST AREA, THE DEPARTMENT IN ITS 35
DISCRETION SHALL: 36
4 SENATE BILL 875
(I) OPEN ONE DIFFERENT OY STER BAR FOR EACH OF THE 1
2026–2027, 2027–2028, AND 2028–2029 OYSTER SEASONS; 2
(II) REOPEN THE SAME OYSTE R BAR FOR THE 2029–2030 3
OYSTER SEASON THAT IT HAD OPENED FOR THE 2026–2027 OYSTER SEASON; AND 4
(III) REOPEN THE SAME OYSTE R BAR FOR THE 2030–2031 5
OYSTER SEASON THAT IT HAD OPENED FOR THE 2027–2028 OYSTER SEASON. 6
(3) THE DEPARTMENT SHALL OPEN THE HOLLAND POINT OYSTER 7
BAR IN THE HERRING BAY ROTATIONAL HARVEST AREA IN THE FOLLOWING 8
OYSTER SEASONS: 9
(I) THE 2026–2027 OYSTER SEASON; AND 10
(II) THE 2029–2030 OYSTER SEASON. 11
(4) OF THE HICKORY THICKET OYSTER BAR AN D HUNTING FIELD 12
OYSTER BAR LOCATED W ITHIN THE LOWER CHESTER RIVER ROTATIONAL AREA, 13
THE DEPARTMENT IN ITS DISCRETION SHALL: 14
(I) OPEN ONE D IFFERENT OYSTER BAR FOR EACH OF THE 15
2026–2027 AND 2027–2028 OYSTER SEASONS; 16
(II) REOPEN THE SAME OYSTE R BAR FOR THE 2029–2030 17
OYSTER SEASON THAT IT HAD OPENED FOR THE 2026–2027 OYSTER SEASON; AND 18
(III) REOPEN THE SAME OYSTE R BAR FOR THE 2030–2031 19
OYSTER SEASON THAT IT HAD OPENED FOR THE 2027–2028 OYSTER SEASON. 20
(D) (1) A TIDAL FISH LICENSEE WHO HOLDS AN OYSTER AUTHORIZATION 21
MAY CATCH OYSTERS IN AREAS OF THE LOWER CHOPTANK RIVER ROTATIONAL 22
HARVEST AREA, THE LOWER MAIN STEM CHESAPEAKE BAY ROTATIONAL 23
HARVEST AREA, THE HERRING BAY ROTATIONAL HARVEST AREA, AND THE LOWER 24
CHESTER ROTATIONAL HARVEST AREA THAT ARE OPEN FOR HARVEST. 25
(2) A TIDAL FISH LICENSEE WHO CATCHES OYSTERS UNDER THE 26
PILOT PROGRAM SHALL ENSURE THAT THE OYSTER SHELLS ARE REPLACED ON THE 27
BAR WHERE THEY WERE CAUGHT IN AN AMOUNT OF BUSHELS EQUAL TO THE 28
AMOUNT OF BUSHELS OF OYSTERS CAUGHT. 29
(E) UNDER THE PILOT PROGRAM, THE DEPARTMENT: 30
SENATE BILL 875 5
(1) IN ITS DISCRETION, SHALL MANAGE THE OYSTER HARVEST; AND 1
(2) MAY: 2
(I) ADJUST CATCH LIMITS; 3
(II) LIMIT THE HOURS AND DAYS FOR HARVEST; AND 4
(III) RESTRICT THE GEAR THAT MAY BE USED. 5
(F) (1) BEFORE OPENING AN AREA TO OYSTER HARVESTING UNDER THE 6
PILOT PROGRAM, THE DEPARTMENT SHALL SURV EY AND INVESTIGATE T HE AREA 7
TO COLLECT BASELINE DATA ON: 8
(I) WATER QUALITY; 9
(II) HABITAT QUALITY, INCLUDING THE PRESENCE OF FINFISH 10
SPECIES AND OTHER SHELLFISH SPECIES; 11
(III) THE PRESENCE OF: 12
1. SILT AND SEDIMENT ON THE OYSTER BAR; 13
2. SUBMERGED AQUATIC VEGETATION ON OR NEAR THE 14
OYSTER BAR; AND 15
3. DISEASED OR DEAD OYST ERS ON THE OYSTER BA R; 16
AND 17
(IV) ANY OTHER RELEVANT MATTER IN THE DISCRETION OF THE 18
DEPARTMENT. 19
(2) AFTER CLOSING AN AREA IN THE ROTATIONAL HA RVEST AREAS 20
TO OYSTER HARVESTING UNDER THE PILOT PROG RAM, THE DEPARTMENT SHALL 21
CONTINUE TO MONITOR THE AREA TO COLLECT ADDITIONAL DATA ON THE MATTERS 22
DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION. 23
(G) ON OR BEFORE DECEMBER 1, 2031, THE DEPARTMENT SHALL REPORT 24
TO THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE 25
GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON ITS FINDI NGS AND 26
RECOMMENDATIONS UNDER THE PILOT PROGRAM. 27
6 SENATE BILL 875
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2026. It shall remain effective for a period of 6 years and, at the end of June 30, 2032, 2
this Act, with no further action required by the General Assembly, shall be abrogated and 3
of no further force and effect. 4