Md. Code Regs. 08.02.19.02

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

Section 08.02.19.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Aquaculture" means the rearing for commercial purposes of a species of fish or aquatic plant as listed in and described in COMAR 08.02.14 and may include the purchase, sale, possession, capture, production, breeding, transportation, and processing of fish or aquatic plants.

(2) "Aquatic organism" means a living organism that spends part of its life in water.

(3) "Felt sole" means a sole to which felt or any other natural or synthetic porous material capable of absorbing liquid is attached.

(4) "Historically" means commonly accepted to have been in State waters in the year 1500.

(5) "Hybrid" means the offspring of any species of fish of genetically dissimilar parents or stock.

(6) "Introduction into State waters" means the deliberate or accidental release of an aquatic organism into State waters.

(7) "Native" means having historically lived, grown, and reproduced in State waters.

(8) "Naturalized" means documented as having lived, grown, and reproduced in State waters for more than 10 years without known harm to the ecosystem.

(9) "Nonnative " means any species other than native or naturalized.

(10) "Nuisance organism" means a nonnative aquatic organism that will foreseeably alter and threaten to harm the ecosystem or the abundance and diversity of native or naturalized aquatic organisms.

(11) "State waters" means tidal and nontidal waters located within the boundaries of the State, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State.

(12) "Transgenic" means an organism into which genetic material from another organism has been experimentally transferred so that the host acquires the genetic traits of the transferred genes.

(13) "Transport" means to move a nonnative aquatic organism from the waters of one watershed, as named by Maryland Integrated Watershed Data and Information System 6-digit map, and introduce it into the waters of another watershed, as named by Maryland Integrated Watershed Data and Information System 6-digit map.

(14) "Without known harm" means a species has acclimated or adapted to life in Maryland's waters for more than 50 years without diminishing the abundance, diversity, distribution or reproduction of a native species or degrading water quality requirements for a native species.

C. A term used in this chapter and not defined in this regulation has:

(1) The meaning given to the term in a relevant statute or regulation; or

(2) If not defined in statute or regulation, the meaning attributed in common use.

Md. Code Regs. 08.02.19.02

Regulations .02 adopted as an emergency provision effective November 23, 2004 (31:25 Md. R. 1788); adopted permanently effective January 6, 2005 (31:26 Md. R. 1861)
Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1956); February 6, 2012 (39:2 Md. R. 140)
Regulation .02 adopted effective November 6, 2006 (33:22 Md. R. 1731)