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08.02.23.00.htm 08.02.23.00. Title 08 DEPARTMENT OF NATURAL RESOURCES Subtitle 02 FISHERIES SERVICE Chapter 23 Shellfish Aquaculture and Leasing Authority: Natural Resources Article, §4-215, 4-1103, 4-11A-02, 4-11A-04, 4-11A-05, 4-11A-07, 4-11A-08, 4-11A-09, 4-11A-11, 4-11A-12, 4-11A-18, and 4-11A-19, 4-11A-23, Annotated Code of Maryland
08.02.23.01.htm 08.02.23.01. 01 Purpose.. This chapter applies to shellfish aquaculture in waters of the State as described in Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland.
08.02.23.02.htm 08.02.23.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Aquaculture activities" means those activities which include the purchase, monitoring, bottom preparation, planting, sale, possession, harvest, production, breeding, transportation, and processing of shellfish in State waters on or in an area used for shellfish cultivation.2) "Aquaculture Enterprise Zone" means an area of the Chesapeake Bay approved for the leasing of sub
08.02.23.03.htm 08.02.23.03. 03 Commercial Lease Procedures.. A. Aquaculture Activities on Submerged Land.. 1) A person may not engage in aquaculture activities on submerged land in waters of the State, including the areas listed in Regulation .06 of this chapter, unless the land is leased or permitted for shellfish aquaculture purposes.2) To obtain a submerged land lease a person shall:. a) Apply for:. i) A submerged land lease by submitting an application on a form provided by the Department; and.
08.02.23.04.htm 08.02.23.04. 04 Shellfish Aquaculture Harvester Permit.. A. Except for a demonstration lease holder, a lease holder or a lease transfer applicant shall submit an application, provided by the Department, and obtain a shellfish aquaculture harvester permit prior to engaging in aquaculture activities.B. A shellfish aquaculture harvester permit:. 1) Shall be valid for a 1-year term beginning on January 1 and expiring on December 31 each year;. 2) Shall be automatically renewed for a new term u
08.02.23.05.htm 08.02.23.05. 05 Aquaculture Enterprise Zones. ― Repealed.
08.02.23.06.htm 08.02.23.06. 06 Pre-Approved Leasing Areas in the Coastal Bays.. A. The following areas are established as pre-approved leasing areas.. B. A "pre-approved leasing area" means an area of the Atlantic coastal bays approved for leasing of submerged land by the Department.C. Areas Defined.. 1) South Point Shoal. All of the waters Chincoteague Bay enclosed by a line beginning at a point at or near Lat. 38°10.860' N, Long. 75°13.379' W; then running 310° True to a point at or near Lat. 38°
08.02.23.07.htm 08.02.23.07. 07 Demonstration Lease Procedures.. A. Eligibility. The Department may only issue a demonstration lease to be used exclusively for educational, conservation, or ecological purposes to:1) A public high school;. 2) An incorporated college or university within the State;. 3) A 4-H club; or. 4) A nonstock, nonprofit corporation organized under the laws of the State.. B. Application.. 1) Prior to obtaining a demonstration lease, an eligible group or organization shall complete and su
08.02.23.08.htm 08.02.23.08. 08 Shellfish Nursery Permits.. A. Application.. 1) An individual shall submit an application for a shellfish nursery permit prior to engaging in shellfish nursery activities.2) An application shall be submitted on a form provided by the Department.. 3) The fee for a shellfish nursery permit application shall be $100 and shall be nonrefundable.. B. A shellfish nursery permit:. 1) Shall be valid for a 5-year term beginning on the day of issuance;.
08.02.23.9999.htm 08.02.23.9999. Administrative History Effective date:. Regulations .01 and .05 adopted effective October 19, 2009 (36:21 Md. R. 1590) ―. Chapter revised effective September 6, 2010 (37:18 Md. R. 1214). Regulation .02B amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 942) emergency expired effective December 29, 2011Regulation .02B amended effective January 9, 2012 (38:27 Md. R. 1763). Regulation .02B amended as an emergency provision effective September 13, 2
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