§ 4-1009.1. Designation of harvest reserve area

   (a) Regulations. -- The Department may adopt regulations which designate an area as a harvest reserve area for oysters.

(b) Establishing of harvest reserve area. -- Notwithstanding any other provision of law, by publishing public notice, the Department may establish for a harvest reserve area:

   (1) The opening or closure of an area for the harvesting or conservation of oysters;

   (2) The harvest limit;

   (3) The seasons, days, and times when oysters may be harvested;

   (4) A minimum size limit of not less than 3 inches; and

   (5) A maximum size limit.

(c) Establishing of harvest reserve area -- Effectiveness. --

   (1) An action of the Department under subsection (b) of this section may not become effective until:

      (i) A copy of the notice to be published under item (ii) of this paragraph has been delivered to the Joint Committee on Administrative, Executive, and Legislative Review; and

      (ii) 48 hours after notice has been published:

         1. In at least one newspaper of general circulation in the State;

         2. In at least one newspaper of general circulation in each county in which the affected waters are located; and

         3. On the website of the Department.

   (2) The notice required under paragraph (1) of this subsection shall state all applicable reasons for the Department's action.

(d) Biological criteria. -- The Department shall use the following biological criteria for the opening and closing of a harvest reserve area:

   (1) Growth rates;

   (2) Disease prevalence and intensity;

   (3) Mortality thresholds; and

   (4) Biomass thresholds.

HISTORY: 2004, ch. 492.