§ 13-601. Right to engage in seafood business

   (a) Authority of governing body. -- Subject to subsection (b) of this section, the governing body of a county may adopt an ordinance, a resolution, or a regulation or take any other action that the governing body considers necessary to authorize a person to:

   (1) use the person's property to operate a seafood business;

   (2) harvest seafood;

   (3) buy or sell seafood;

   (4) store equipment used in the person's seafood business; and

   (5) enjoy the quiet conduct of the person's seafood business.

(b) Hearing, notice, and consent. --

   (1) Before adopting an ordinance, a resolution, or a regulation under subsection (a) of this section, the governing body of the county shall:

      (i) hold a public hearing on the proposed ordinance, resolution, or regulation;

      (ii) provide reasonable notice of the hearing; and

      (iii) obtain the written consent of the Secretary of Natural Resources.

   (2) An ordinance, a resolution, or a regulation adopted without the written consent of the Secretary of Natural Resources is void.

(c) Preemption. -- In the event of a conflict, federal law, State law, or written program guidance issued by a unit of the federal or State government shall preempt an ordinance, a resolution, or a regulation adopted or any other action taken under this section.

HISTORY: An. Code 1957, art. 25, § 232; 2013, ch. 119, § 2.