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08.02.14.00.htm 08.02.14.00. Title 08 DEPARTMENT OF NATURAL RESOURCES Subtitle 02 FISHERIES SERVICE Chapter 14 Aquaculture Permits Authority: Natural Resources Article, §1-104, 4-11A-02, 4-11A-11, and 4-1019.2; State Government Article, §10-206; Annotated Code of Maryland
08.02.14.01.htm 08.02.14.01. 01 Scope.. This chapter applies to the collection, permitting, possession, production, processing, marking, transporting, purchase, or sale of fish or aquatic plants, except for shellfish aquaculture on a leased or licensed area as described in COMAR 08.02.23, which are the products of, or intended to be used for, aquaculture as that term is defined in Natural Resources Article, §4-11A-01, Annotated Code of Maryland.
08.02.14.02.htm 08.02.14.02. 02 Purpose.. The purpose of this chapter is to encourage the orderly development of an aquaculture industry in Maryland, while ensuring that aquaculture operations do not adversely impact upon the State's wild stocks of fish.
08.02.14.03.htm 08.02.14.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Aquaculture" means the commercial rearing of the species of fish or aquatic plants listed in Regulation .07, or as otherwise permitted by these regulations. It includes one or more activities which are related to the production of fish or aquatic plants.2) "Aquaculture activities" means those activities which may include the purchase, sale, possession,
08.02.14.04.htm 08.02.14.04. 04 Permit Requirements for Aquacultural Activities.. A. A person may not engage in aquaculture or related activities, own or operate an aquaculture facility, or propagate fish for aquacultural purposes without first obtaining a permit from the Department.B. A person may not conduct aquacultural activities involving finfish in the tidal waters of the State without first obtaining a permit from the Department.
08.02.14.05.htm 08.02.14.05. 05 Types of Permits.. A. The Department may issue permits to engage in the following aquacultural activities:. 1) The aquaculture of native and naturalized species of fish or aquatic plants listed in Regulation .07;2) The aquaculture of any native or naturalized species of fish, or aquatic plants not listed in Regulation .07, or any non-native species of fish or aquatic plants, provided the application satisfies the criteria set forth in applicable statutes and these regulations;
08.02.14.06.htm 08.02.14.06. 06 Application Procedures.. A. One or more of the activities specified in Regulation .05A may be requested in the same application.B. On an application form provided by the Department, a person who wishes to engage in aquaculture or aquacultural activities in Maryland (referred to as "applicant" shall provide the:1) Name and address of the applicant;. 2) Type and location of the facility or proposed facility, if any;.
08.02.14.07.htm 08.02.14.07. 07 Permitted Species.. A. The Department may issue permits for the following species or families of fish and aquatic plants:1) Fish.. Common Name. Scientific Name. a) American Eel. Anguilla rostrata. b) American Shad. Alosa sapidissima. c) Rainbow Trout. Oncorhynchus mykiss. d) Brown Trout. Salmo trutta. e) Brook Trout. Salvelinus fontinalis. f) Golden Shiner. Notemigonus crysoleucas. g) Fathead Minnow. Pimephales promelas. h) Goldfish. Carassius auratus. i) Catfish family.
08.02.14.08.htm 08.02.14.08. 08 General Terms and Conditions Applicable to Permits.. A. The following terms and conditions apply to permits issued under the authority of this chapter, whether expressly set forth in the permit document itself or not:1) Finfish products of any aquacultural activity shall be identified as such in accordance with Regulation .10E, of this chapter.2) A person conducting aquacultural activities shall display the appropriate aquaculture permit at the aquaculture facility,
08.02.14.09.htm 08.02.14.09. 09 Approval of Permits.. A. The Department may issue a permit to engage in aquaculture activities authorized by law and these regulations, after receipt and approval of a completed application.B. Permits issued by the Department shall be:. 1) Valid for a 5-year period, and expire on December 31 of the fifth year after issuance;. 2) Issued for each facility separately.. C. Permits issued by the Department are not transferrable.. D. Permits may be modified or amended upon request
08.02.14.10.htm 08.02.14.10. 10 Special Requirements.. A. Native or Naturalized Species. Facilities which produce native or naturalized fish species listed in Regulation .07 shall confine production to the permitted location.B. Non-native Species.. 1) A person may not conduct aquaculture activities using non-native fish except in approved nontidal ponds, lakes, and impoundments.2) Facilities approved for non-native or hybrid finfish in nontidal ponds, lakes, and impoundments shall be constructed to as
08.02.14.11.htm 08.02.14.11. 11 Reports.. A. A permittee shall submit an annual report of activities undertaken under the permit on a form provided by the Department.B. A permittee shall furnish other information necessary to complete an application, or to report on activities conducted under the permit.
08.02.14.12.htm 08.02.14.12. 12 Suspension or Revocation of Permits.. A. The Department may suspend or revoke a permit of a permittee who violates the terms or conditions of the aquaculture permit, these regulations, or the laws governing aquaculture in Maryland.B. If the Department has reason to believe that a permittee is violating the permit, these regulations, or any of the laws governing aquaculture, the Department shall issue a notice of violation to the permittee.C. A notice of violation
08.02.14.9999.htm 08.02.14.9999. Administrative History Effective date:. Regulations .01―03 adopted as an emergency provision effective January 1, 1990 (17:1 Md. R. 63) emergency status extended at 17:11 Md. R. 1333; emergency status expired July 31, 1990Regulations .01―12 adopted effective September 3, 1990 (17:17 Md. R. 2078). Regulation .01 amended effective September 6, 2010 (37:18 Md. R. 1214). Regulation .03A amended effective September 6, 2010 (37:18 Md. R. 1214).
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