Oysters

Photo By: Katie Livie

2021-2022 Oyster Season Regulations
Click Here for 2021-2022 Commercial Oyster Rules — Effective 7/4/2021

2019-2020 Oyster Season Regulations
Season Limits, Dates
Closure Notices: Somerset, Gravelly Run, Coots, Rock Point, Upper Bay
DNR, September 16/17, 2019
Response from DNR to DFA re 2019-2020 Season
DNR, September 2019
Letter from DFA to DNR re 2019-2020 Season
DFA, August 2019

MD Oyster Management Plan Info
Final Oyster Management Plan (OMP)
DNR, May 2019
Comments on Final OMP
DFA, June 2019
Draft Oyster Management Plan (OMP)
DNR, February 2019
Comments on Draft OMP
DFA, March 2019
Comments on Revised OMP
DFA, May 2019

2022 Legislative Action re: Oysters

SB 979
Senators Salling, Klausmeier, Jennings, West, Lam, Hettleman, Sydnor and Kelley
PROHIBITION OF DREDGING ON MAN–O–WAR SHOALS
Prohibiting the Department of Natural Resources from including the dredging of buried oyster shells on Man–O–War Shoals as part of a fishery management plan; and prohibiting the Department from dredging buried oyster shells on Man–O–War Shoals.
Effective Date: June 1, 2022
NR, § 4-215(e)(6) – added and § 4-1103(a) – amended
Committee: Assigned to Senate Rules
Bill Hearing: 03/16
Position: OPPOSE

Testimony available here: SB 979 – DFA Testimony Senate EHEA Opposition (3-16-22) with Exhibits.ReducedSize

HB 1133
Delegate Otto, et al (Adams, Clark, Hartman, Jacobs, Mautz and Szeliga)
OYSTERS – TRIBUTARY–SCALE SANCTUARIES
Repealing provisions of law that include the Manokin River Oyster Sanctuary in the network of tributary–scale oyster sanctuaries in the Chesapeake Bay and including the Severn River Oyster Sanctuary in the network.
Effective Date: June 1, 2022
NR, § 4-1014 – amended
Committee: Environment and Transportation
Bill Hearing: Wednesday, 3/2 at 1:00 pm
Position: SUPPORT

HB 1217
Delegates Mautz and Adams
NATURAL RESOURCES – OYSTER INSPECTION AND SEVERANCE TAXES – INCREASE
Increasing the amount of the inspection tax levied on marketable oysters shipped in the shell to any place outside the State from 30 cents to $1; increasing the amount of the severance tax levied on oysters caught within certain natural oyster bars from $1 to $2 per bushel; and requiring that $1 of the severance tax levied be distributed to certain county oyster committees for the repletion of natural oyster bars within the waters of the counties.
Effective Date: July 1, 2022
NR, § 4-1020(a) through (c) – amended
Committee: Environment and Transportation
Bill Hearing: Wednesday, 3/4 at 1:00 pm
Position: SUPPORT with amendment to include Baltimore County Oyster Committee in Sec. 4-1020 (c)(3)

HB 500

Delegate Grammer
DREDGING ON MAN–O–WAR SHOALS – PROHIBITION
Prohibiting the Department of Natural Resources from dredging buried oyster shells on Man–O–War Shoals as part of carrying out certain duties calculated to increase the productivity or utility of oyster resources in the State.
Effective Date: June 1, 2022
NR, §§ 4-1103(a) – amended
Committee: Environment and Transportation
Bill Hearing: Wednesday, 2/16 at 1:00 pm (view committee hearing here)
Position: Oppose

2021 Legislative Action re: Oysters

HB 145

Delegate Boyce (Dist. 43)
UNLAWFUL TAKING OF OYSTERS FROM SUBMERGED LAND LEASES, AQUACULTURE LEASES, AND WATER COLUMN LEASES – PENALTIES
Requiring, rather than authorizing, the Department of Natural Resources to suspend a certain tidal fish license on conviction of the license holder for a certain violation; requiring a certain person who has a tidal fish license suspended under the Act to complete a certain class at the person’s expense; prohibiting a person who has a seafood dealer authorization from purchasing, offering to purchase, or possessing oysters that were unlawfully harvested from a certain lease under certain circumstances; providing certain penalties; etc.
Effective Date: July 1, 2021
NR, §§ 4-11A-16 and 4-1201 – amended
Committee: Environment and Transportation
Bill Hearing: Wednesday, 1/20 at 1:00 pm (view committee hearing here)
Position: Support with Amendments
(that guarantee equal treatment under the law for TFL holders, licensed seafood dealers AND aquaculture leaseholders)

SB 203AQUACULTURE LEASE APPLICATIONS – NOTICES, PROTESTS, MEETINGS, AND CONFLICT RESOLUTION
Altering the property owners that the Department of Natural Resources is required to notify of applications for certain aquaculture leases to be issued in the Chesapeake Bay or the Atlantic Coastal Bays; requiring the Department to work with a certain petitioner and a certain applicant to mitigate certain concerns and to consider conflict resolution between shoreline property owners and aquaculture lease applicants before issuing a lease; etc.
Effective Date: June 1, 2021
NR, § 4-11A-09(g) – amended
Committee: Education, Health, and Environmental Affairs
Bill Hearing: Wednesday, 2/10 at 1:00 pm
Position:

SB 442
Senator Klausmeier (Dist. 8)
AQUACULTURE LEASES AND SHELLFISH NURSERY OPERATIONS – WETLANDS
Exempting under certain circumstances certain activities and the use of certain equipment associated with an aquaculture lease or a shellfish nursery operation from the requirement to obtain certain licenses from the Department of the Environment or the Board of Public Works; establishing that certain aquaculture activity and the installation of certain equipment on a pier for the cultivation of shellfish seed under a certain permit are lawful uses on private wetlands; etc.
Effective Date: October 1, 2021
EN, §§ 16-101(i), 16-202(h), and 16-304 and NR, § 4-11A-23(d) – amended and NR, § 4-11A-10(d-1) – added
Committee: Education, Health, and Environmental Affairs
Bill Hearing: Wednesday, 2/10 at 1:00 pm
Position:

HB 856 / SB 689
Delegates Boyce, Bridges, Conaway, McIntosh and Stewart
UNLAWFUL TAKING OF OYSTERS FROM SUBMERGED LAND LEASES AND
WATER COLUMN LEASES – PENALTIES
Establishing a minimum fine of $2,000 and maximum fine of $3,000 for unlawfully taking
oysters from a submerged land lease or water column lease under certain circumstances;
requiring a person who unlawfully takes oysters from a submerged land lease or water column lease to complete a certain class at the person’s expense; providing that a person who commits a certain second or subsequent offense is guilty of the crime of theft and subject to certain criminal penalties; etc.
Effective Date: July 1, 2020
NR, § 4-1201 – amended
Committee: Environment and Transportation
Bill Hearing: Wednesday, 2/26 at 1:00 pm (view committee hearing here)
Fiscal and Policy Note – view here
Position: OPPOSE (refer to new apolitical OAC)
Legislation proposed per Aquaculture Coordinating Council (Oyster Theft Workgroup)

HB 210 / SB 342 [withdrawn by sponsor]
Senator Crosby
AQUACULTURE – LEASES IN WATER COLUMN – RIPARIAN RIGHT OF FIRST REFUSAL
Establishing that a riparian property owner or lessee shall have the right of first refusal to apply for and, if approved, obtain a water column lease, or an aquaculture lease for use in the water column in an Aquaculture Enterprise Zone, applicable to a certain area that fronts the riparian property, subject to certain standards and requirements; requiring a person other than the riparian owner who applies for a certain lease in an area subject to a right of first refusal to provide a certain notice of the lease application; etc.
Effective Date: June 1, 2020
NR, §§ 4-11A-05 and 4-11A-08 – amended
Committee: Environment and Transportation
Bill Hearing: Wednesday, 2/12 at 1:00 pm [Hearing Cancelled]
Position: OPPOSE (refer to new apolitical OAC)

2019 Legislative Action re: Oysters
House Bill 1, House Bill 40 & Senate Bill 145 – Prohibition on Dredging Man O’War Shoals
– DFA Written Testimony for House here and Senate here.
– Oral Testimony for House here and Senate here.

House Bill 298 and Senate Bill 448 – Tributary-Scale Sanctuaries
– DFA Written Testimony for House here and Senate here.
– Oral Testimony for House here and Senate here.
– Veto request here. Governor’s veto. (Veto Overturned)

House 348 and Senate Bill 362 – Shell First
– DFA Written Testimony for House here and Senate here.
– Oral testimony for the Senate here.

House Bill 720 and Senate Bill 830 – Oyster FMP
– DFA Written Testimony for Senate here.
– Oral testimony for House here and Senate here.
– Veto request here. Governor’s veto.

Senate Bill 683 – Oyster Harvest Impact
– DFA Written Testimony for Senate here.
– Oral testimony here.

Oysters in the News

Bivalve bounty: Maryland oyster harvest hits 35-year high

Bay Journal, April 22, 2022

Portion of Talbot County waterway reclassified as restricted for shellfish harvesting

News, Maryland.gov, March 11, 2022

Trove of oyster shells discovered in Potomac River. Now what?

The Bay Journal, February 28th, 2022

Chris Dollar on the outdoors: Legislation to dredge Chesapeake Bay reefs a bad idea | COMMENTARY

The Baltimore Sun, Feb 27th, 2022

Captains hope to keep legacy of Black watermen alive in Maryland
WBALTV, February 25th, 2022