Md. Code Regs. 08.02.26.06

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

Section 08.02.26.06 - Certified Recycled Shell Collector

A. Certification of a Collector.

(1) A business entity may apply to the Department to be a certified recycled shell collector.

(2) An application shall:

(a) Be submitted on a form provided by the Department; and

(b) Include the applicant's:

(i) Name, address, and contact information;

(ii) Planned shell aggregation site; and

(iii) Planned method of storing and aging the shell.

(3) Upon receipt and review of an application for certification under this regulation, the Department may:

(a) Approve the application and issue the applicant a certificate designating the applicant a certified recycled shell collector; or

(b) Deny an application for reasonable cause.

(4) A certification issued to a recycled shell collector:

(a) Shall be valid for 1 year beginning on the day of issuance; and

(b) May be renewed for a new term upon the Department's receipt of a renewal application submitted as specified by the Department.

B. A certified recycled shell collector shall:

(1) Collect and process oyster shell from shell recyclers in accordance with the terms and conditions set out in the certification issued under §A of this regulation, and all applicable federal, State and local laws and regulations;

(2) For each shell donation collected, submit an electronic report as specified by the Department verifying the location, date, and amount of the shell donation within 48 hours of collecting the donation;

(3) Allow the Department, or the Department's designee, to inspect at reasonable hours the certified recycled shell collector's shell aggregation site and collected recycled shell; and

(4) Notify the Department immediately of any changes to the certified recycled shell collector's aggregation site or contact information.

C. Penalties.

(1) The Department may suspend or revoke a certification issued to a recycled shell collector for failure to comply with this chapter or the terms and conditions of the certification.

(2) Within 15 days of receipt of the Department's notice of a denial, suspension, or revocation of a certification issued under §A of this regulation, the recycled shell collector may appeal the decision in writing to the Director of the Maryland Fisheries Service.

Md. Code Regs. 08.02.26.06

Regulations .06 adopted as an emergency provision effective 41:3 Md. R. 199, eff.1/13/2014 ; adopted permanently effective 41:6 Md. R. 377, eff.3/31/2014