1. A. The Department may issue permits to engage in the following aquacultural activities:

   1. (1) The aquaculture of native and naturalized species of fish or aquatic plants listed in Regulation .07;
   2. (2) The aquaculture of any native or naturalized species of fish, or aquatic plants not listed in Regulation .07, or any non-native species of fish or aquatic plants, provided the application satisfies the criteria set forth in applicable statutes and these regulations;
   3. (3) The aquaculture of species listed as threatened or endangered under Maryland's Endangered Species of Fish Conservation Act, Natural Resources Article, §4-2A-04, Annotated Code of Maryland, listed in Regulation .07, after January 1, 1990;
   4. (4) The capture of brood stock;
   5. (5) The aquaculture of shellfish in confined, on-shore facilities; or
   6. (6) Demonstration and experimental aquaculture of native or naturalized finfish in the tidal waters of the State.

2. B. Prohibitions.

   1. (1) The Department may not issue a permit if the aquacultural activity will:

      1. (a) Adversely affect wild stocks of fish;
      2. (b) Result in the release of non-native species into Maryland waters, except in confined water such as ponds where there are safeguards to prevent escape; or
      3. (c) Result in the contamination of native or naturalized species of fish or their ecosystem.

   2. (2) The Department may not issue a permit if the permit for the aquacultural activity:

      1. (a) Does not require the identification of the product of the aquaculture operation; and
      2. (b) Is not conditioned so as to require the permittee to obtain all necessary permits and comply with all applicable health and environmental laws and regulations.

Authority: Natural Resources Article, §§1-104, 4-11A-02, 4-11A-11, and 4-1019.2; State Government Article, §10-206; Annotated Code of Maryland

Effective date:

Regulations .01—.03 adopted as an emergency provision effective January 1, 1990 (17:1 Md. R. 63); emergency status extended at 17:11 Md. R. 1333; emergency status expired July 31, 1990

Regulations .01—.12 adopted effective September 3, 1990 (17:17 Md. R. 2078)

Regulation .01 amended effective September 6, 2010 (37:18 Md. R. 1214)

Regulation .03A amended effective September 6, 2010 (37:18 Md. R. 1214)

Regulation .04B amended effective March 13, 1995 (22:5 Md. R. 366)

Regulation .05A amended effective March 13, 1995 (22:5 Md. R. 366)

Regulation .07A amended effective March 1, 1993 (20:4 Md. R. 370)

Regulation .10C amended effective February 11, 2019 (46:3 Md. R. 106)

Regulation .12D amended effective April 5, 2010 (37:7 Md. R. 569)

Regulation .13 adopted effective September 21, 2009 (36:19 Md. R. 1435)

Regulation .13 repealed effective February 15, 2016 (43:3 Md. R. 271)