Md. Code Regs. 08.02.01.16

Current through Register Vol. 51, No. 12, June 14, 2024

Section 08.02.01.16 - Importation of Finflsh

A. Release of Finfish.

(1) In accordance with Natural Resources Article, §§ 4-205.1, 4-11A-20, and 4-11A-21, Annotated Code of Maryland, and COMAR 08.02.11.04 and 08.02.14, a person shall obtain permission from the Department prior to releasing finfish into Maryland waters.

(2) A person who is permitted by the Department to release finfish may obtain finfish from an out-of-State supplier only if the supplier is permitted in accordance with this regulation.

B. Prior to providing finfish from out-of-State to anyone in Maryland who plans to release the finfish into Maryland waters, a person shall:

(1) Submit an application in accordance with §C of this regulation; and

(2) Obtain an out-of-State supplier permit.

C. Application.

(1) A person shall apply for an out-of-State supplier permit by submitting a completed application on a form provided by the Department.

(2) A person shall submit required fish health testing documentation for viral, bacterial, protozoan, or parasitic infections so that the Department may determine if the finfish to be stocked in Maryland waters pose an unacceptable risk to native or naturalized aquatic resources.

D. Out-of-State Supplier Permit.

(1) A permittee shall comply with all of the terms and conditions described on the permit.

(2) The permit is valid during the calendar year of issuance.

(3) There is no fee for the permit.

E. Denial or Revocation of an Out-of-State Supplier Permit.

(1) The Department may deny issuance of an out-of-State supplier permit if the:

(a) Applicant submits an incomplete or untruthful application; or

(b) Department receives test results that indicate that the supplier's stock may present an unacceptable health risk to native or naturalized aquatic resources.

(2) In addition to any other penalty, failure to comply with the terms and conditions of the permit may result in the revocation of the current permit or the denial of a subsequent permit.

(3) Prior to denying an application for a permit or revoking a current permit, the Department shall give the permittee notice of its intended action and an opportunity to appear at a hearing conducted in accordance with the contested case procedures set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04.

Md. Code Regs. 08.02.01.16

Regulation .16 adopted effective 46:3 Md. R. 106, eff. 2/11/2019; amended effective 46:19 Md. R. 813, eff. 9/23/2019; amended effective 47:5 Md. R. 310, eff. 3/9/2020