Md. Code Regs. 08.02.14.05

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

Section 08.02.14.05 - 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;

(3) The aquaculture of species listed as threatened or endangered under Maryland's Endangered Species of Fish Conservation Act, Natural Resources Article, § 4-2 A-04, Annotated Code of Maryland, listed in Regulation .07, after January 1, 1990;

(4) The capture of brood stock;

(5) The aquaculture of shellfish in confined, on-shore facilities; or

(6) Demonstration and experimental aquaculture of native or naturalized finfish in the tidal waters of the State.

B. Prohibitions.

(1) The Department may not issue a permit if the aquacultural activity will:

(a) Adversely affect wild stocks of fish;

(b) Result in the release of non-native species into Maryland waters, except in confined water such as ponds where there are safeguards to prevent escape; or

(c) Result in the contamination of native or naturalized species of fish or their ecosystem.

(2) The Department may not issue a permit if the permit for the aquacultural activity:

(a) Does not require the identification of the product of the aquaculture operation; and

(b) Is not conditioned so as to require the permittee to obtain all necessary permits and comply with all applicable health and environmental laws and regulations.

Md. Code Regs. 08.02.14.05

Regulations .05 adopted effective September 3, 1990 (17:17 Md. R. 2078)
Regulation .05A amended effective March 13, 1995 (22:5 Md. R. 366)