§ 4-11A-02. Protection of wild stocks of fish

   (a) Promulgation of regulations. --

   (1) The Department shall promulgate by regulation requirements that are necessary to ensure that aquaculture operations do not adversely impact wild stocks of fish, including measures for identifying fish as products of an aquaculture operation. In developing these regulations, the Department shall consult with the Aquaculture Coordinating Council, established by § 4-11A-03.2 of this subtitle, and incorporate in the regulations public notice provisions in accordance with § 4-11A-09 of this subtitle.

   (2) The Department may not issue a permit for the raising of nonnative species, including hybrids of striped bass, or nonnative stocks unless:

      (i) The permit limits the aquaculture operation to nontidal ponds, lakes, or impoundments; and

      (ii) The aquaculture operation is constructed in a manner that assures that nonnative stocks are precluded from entering the tidal waters or contaminating the native species of the State.

(b) Permit to engage in aquaculture. -- A person may not engage in aquaculture unless the person has obtained a permit from the Department. The permit shall be conditioned upon the person complying with the regulations promulgated under subsection (a) of this section.

(c) Inspection of aquaculture operations. -- A permittee under this section shall allow the Department to inspect at reasonable hours any facilities, equipment, or fish involved in the permittee's aquaculture operations.

(d) Applicability. -- Except as otherwise provided by law or by regulations adopted by the Department, all provisions of this title and regulations adopted under this title applicable to the taking, possession, sale, and transport of finfish do not apply to finfish that are in or from aquaculture operations in nontidal ponds, lakes, or impoundments.

HISTORY: 1988, ch. 534, § 1; 1989, ch. 5, § 1; ch. 785, § 1; 2001, ch. 54; 2005, ch. 25, § 12; 2006, chs. 202, 560; 2009, ch. 60, § 5; 2011, ch. 411, § 3.