MarylandSB 01662026 Regular SessionSenate

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

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Shellfish harvesters face penalties and appeal rights

Beginning October 1, 2026, Maryland sets penalties for holders of shellfish aquaculture harvester permits or registration cards. The Department of Natural Resources must hold a hearing before imposing these penalties. If the hearing officer finds a listed offense was knowingly committed, the Department must impose the penalty. A first violation brings suspension for up to 5 years; a second or later violation brings revocation. Listed offenses include prohibited-area oyster harvesting beyond the 200-foot threshold outside a lease. They also include delivery-time violations, including deliveries more than 1 hour past the state's Vibrio public-health deadline. Other offenses include harvesting from a lease without being its holder or designee, and commercial harvesting without required public-fishery authorization. Unlawfully harvesting oysters commercially from natural oyster bars or public shellfish areas and then planting them on a lease also qualifies. During suspension or revocation, holders cannot do any aquaculture work, even work that needs no permit or card. Affected holders can ask a court to review the Department's final decision.

Shellfish leaseholders get time but risk gear

Beginning October 1, 2026, sole shellfish leaseholders get a transition process after their harvester permit or card is suspended or revoked. It applies when a lease proceeding results in termination. The leaseholder has 90 days after the proceeding ends to propose removing gear or equipment, or transferring the lease. The Department must review the plan and notify the leaseholder within 60 days whether it is complete or needs changes. After that notice, the leaseholder has 30 days to submit required changes and a lease-transfer application. The Department must approve the transfer within 90 days after receiving a completed application. The Department cannot terminate the lease before this process ends. If the leaseholder fails to complete the process, the State may take the gear and equipment for destruction or other disposal.

Sponsors & Cosponsors

Sponsor

Jack Bailey
Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 179 • No: 0

House vote • 4/8/2026

Third Reading Passed

Yes: 134 • No: 0 • Other: 4

Senate vote • 3/19/2026

Third Reading Passed

Yes: 45 • No: 0

Actions Timeline

Approved by the Governor - Chapter 305
4/28/2026
Returned Passed
4/8/2026Senate
Third Reading Passed (134-0)
4/8/2026House
Favorable Adopted Second Reading Passed
4/3/2026House
Favorable Report by Environment and Transportation
4/3/2026House
Hearing 4/01 at 1:00 p.m.
3/25/2026House
Referred Environment and Transportation
3/20/2026House
Third Reading Passed (45-0)
3/19/2026Senate
Second Reading Passed with Amendments
3/18/2026Senate
Favorable with Amendments {633824/1 Adopted
3/18/2026Senate
Favorable with Amendments Report by Education, Energy, and the Environment
3/18/2026Senate
Hearing 2/03 at 1:00 p.m.
1/16/2026Senate
First Reading Education, Energy, and the Environment
1/14/2026Senate
Pre-filed
10/1/2025Senate

Bill Text

Enacted
4/28/2026
PDF
Third Reading
3/18/2026
PDF
First Reading
1/14/2026
PDF

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