Section 4-1009.1 - Designation of harvest reserve area. - Maryland Statutes

§ 4-1009.1. Designation of harvest reserve area.
 

(a)  Regulations.- The Department may adopt regulations which designate an area as a harvest reserve area for oysters. 

(b)  Establishing of harvest reserve area.- Notwithstanding any other provision of law, by publishing public notice, the Department may establish for a harvest reserve area: 

(1) The opening or closure of an area for the harvesting or conservation of oysters; 

(2) The harvest limit; 

(3) The seasons, days, and times when oysters may be harvested; 

(4) A minimum size limit of not less than 3 inches; and 

(5) A maximum size limit. 

(c)  Same - Effectiveness.-  

(1) An action of the Department under subsection (b) of this section may not become effective until: 

(i) A copy of the notice to be published under item (ii) of this paragraph has been delivered to the Joint Committee on Administrative, Executive, and Legislative Review; and 

(ii) 48 hours after notice has been published: 

1. In at least one newspaper of general circulation in the State; 

2. In at least one newspaper of general circulation in each county in which the affected waters are located; and 

3. On the website of the Department. 

(2) The notice required under paragraph (1) of this subsection shall state all applicable reasons for the Department's action. 

(d)  Biological criteria.- The Department shall use the following biological criteria for the opening and closing of a harvest reserve area: 

(1) Growth rates; 

(2) Disease prevalence and intensity; 

(3) Mortality thresholds; and 

(4) Biomass thresholds. 
 

[2004, ch. 492.]