2013 Maryland Code
NATURAL RESOURCES
§ 4-11A-03.2 - Aquaculture Coordinating Council [Effective until October 1, 2013].

(a) Created. -- There is an Aquaculture Coordinating Council.

(b) Composition. -- The Coordinating Council shall consist of the following 17 members:

(1) 1 member of the Maryland Senate designated by the President of the Senate;

(2) 1 member of the Maryland House of Delegates designated by the Speaker of the House;

(3) 1 representative of the Department of Agriculture designated by the Secretary of Agriculture;

(4) 1 representative of the Department of Natural Resources Police designated by the Secretary of Natural Resources;

(5) 1 representative of the Department of Natural Resources, Fisheries Service, designated by the Secretary of Natural Resources;

(6) 2 representatives of the University of Maryland designated by the President of the University of Maryland, College Park:

(i) 1 with expertise in aquaculture research; and

(ii) 1 representing the Maryland Cooperative Extension;

(7) 1 representative of the Department of Business and Economic Development designated by the Secretary of Business and Economic Development;

(8) 1 representative of the Department of the Environment designated by the Secretary of the Environment;

(9) 1 representative of the Department of Health and Mental Hygiene designated by the Secretary of Health and Mental Hygiene;

(10) 3 representatives of the aquaculture industry designated by the Governor;

(11) 3 tidal fisheries licensed harvesters, including at least one who is a member of the Maryland Watermen's Association designated by the Governor; and

(12) 1 representative designated by the President of the University of Maryland Center for Environmental Science.

(c) Duties. --

(1) The Coordinating Council shall:

(i) Formulate and make proposals to the Governor and, in accordance with § 2-1246 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee and the House Environmental Matters Committee on or before October 1 of each year for advancing Maryland aquaculture, including recommendations for a fee structure on aquaculture operations in order to reduce State expenditures on aquaculture programs;

(ii) Establish and monitor a grant program for the implementation of appropriate projects that support the economic health of the State aquaculture industry;

(iii) Conduct applied studies of projects and products that will expand the aquaculture industry in the State;

(iv) Conduct market tests to determine acceptability and potential demand for new aquaculture products;

(v) As appropriate, implement pilot projects and small commercial demonstrations to resolve any outstanding quality or production issues and to educate industry representatives, regulators, and other partners;

(vi) Support the aquaculture industry in its efforts to implement innovative procedures and to comply with associated regulations;

(vii) Enhance the awareness of innovative aquaculture products and programs among commercial buyers and the general public;

(viii) On or before December 31, 2006, develop best management practices that:

1. Provide guidance for freshwater and marine aquaculture permitting and compliance; and

2. Serve as the basis for the adoption of State regulations regarding tidal and nontidal aquaculture;

(ix) Investigate and, to the extent feasible, enhance the area of State waters that is available to private lease for purposes related to the aquaculture and seafood industries;

(x) Provide for the establishment of Aquaculture Enterprise Zones in the Chesapeake and Coastal Bays, so as to:

1. Streamline the permitting process in these zones;

2. Provide incentives for private investment in leasing operations; and

3. Encourage individuals with historical records in the commercial fishery to adapt their expertise to the raising and harvesting of seafood by aquaculture; and

(xi) On a regular basis, review State regulations impacting aquaculture and make recommendations to the Aquaculture Review Board regarding any necessary or advisable regulatory changes.

(2) The Coordinating Council may establish subcommittees to provide technical assistance to the Council, with subcommittee topics and membership as the Council determines to be appropriate.

(d) Term. --

(1) The term of a member appointed by the Governor is 3 years.

(2) The terms of the members appointed by the Governor serving on July 1, 2006 expire as follows:

(i) 2 members in 2007;

(ii) 2 members in 2008; and

(iii) 2 members in 2009.

(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(4) A member who is appointed after a term begins serves only for the rest of the term and until a successor is appointed and qualifies.

(5) An appointed member may not serve more than 2 consecutive terms.

(e) Removal. -- The Governor may remove a member for incompetence or misconduct.

(f) Election of officers. -- The Coordinating Council may elect from among its members a chairman, vice-chairman, secretary and other officers it deems appropriate.

(g) Meetings. -- The Coordinating Council shall determine the time and place of its meetings.

(h) Reimbursement of expenses. -- The members of the Coordinating Council may not receive a salary, but shall be reimbursed for reasonable expenses incurred in attending meetings and other Council business, as provided under the Standard State Travel Regulations.

§ 4-11A-03.2 - Aquaculture Coordinating Council [Effective October 1, 2013].

(a) Created. -- There is an Aquaculture Coordinating Council.

(b) Composition. -- The Coordinating Council shall consist of the following 17 members:

(1) 1 member of the Maryland Senate designated by the President of the Senate;

(2) 1 member of the Maryland House of Delegates designated by the Speaker of the House;

(3) 1 representative of the Department of Agriculture designated by the Secretary of Agriculture;

(4) 1 representative of the Department of Natural Resources Police designated by the Secretary of Natural Resources;

(5) 1 representative of the Department of Natural Resources, Fisheries Service, designated by the Secretary of Natural Resources;

(6) 2 representatives of the University of Maryland designated by the President of the University of Maryland, College Park:

(i) 1 with expertise in aquaculture research; and

(ii) 1 representing the Maryland Cooperative Extension;

(7) 1 representative of the Department of Business and Economic Development designated by the Secretary of Business and Economic Development;

(8) 1 representative of the Department of the Environment designated by the Secretary of the Environment;

(9) 1 representative of the Department of Health and Mental Hygiene designated by the Secretary of Health and Mental Hygiene;

(10) 3 representatives of the aquaculture industry designated by the Governor;

(11) 3 tidal fisheries licensed harvesters, including at least one who is a member of the Maryland Watermen's Association designated by the Governor; and

(12) 1 representative designated by the President of the University of Maryland Center for Environmental Science.

(c) Duties. --

(1) The Coordinating Council shall:

(i) Formulate and make proposals to the Governor and, in accordance with § 2-1246 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee and the House Environmental Matters Committee on or before June 30 of each year for advancing Maryland aquaculture, including recommendations for a fee structure on aquaculture operations in order to reduce State expenditures on aquaculture programs;

(ii) Establish and monitor a grant program for the implementation of appropriate projects that support the economic health of the State aquaculture industry;

(iii) Conduct applied studies of projects and products that will expand the aquaculture industry in the State;

(iv) Conduct market tests to determine acceptability and potential demand for new aquaculture products;

(v) As appropriate, implement pilot projects and small commercial demonstrations to resolve any outstanding quality or production issues and to educate industry representatives, regulators, and other partners;

(vi) Support the aquaculture industry in its efforts to implement innovative procedures and to comply with associated regulations;

(vii) Enhance the awareness of innovative aquaculture products and programs among commercial buyers and the general public;

(viii) On or before December 31, 2006, develop best management practices that:

1. Provide guidance for freshwater and marine aquaculture permitting and compliance; and

2. Serve as the basis for the adoption of State regulations regarding tidal and nontidal aquaculture;

(ix) Investigate and, to the extent feasible, enhance the area of State waters that is available to private lease for purposes related to the aquaculture and seafood industries;

(x) Provide for the establishment of Aquaculture Enterprise Zones in the Chesapeake and Coastal Bays, so as to:

1. Streamline the permitting process in these zones;

2. Provide incentives for private investment in leasing operations; and

3. Encourage individuals with historical records in the commercial fishery to adapt their expertise to the raising and harvesting of seafood by aquaculture; and

(xi) On a regular basis, review State regulations impacting aquaculture and make recommendations to the Aquaculture Review Board regarding any necessary or advisable regulatory changes.

(2) The Coordinating Council may establish subcommittees to provide technical assistance to the Council, with subcommittee topics and membership as the Council determines to be appropriate.

(d) Term. --

(1) The term of a member appointed by the Governor is 3 years.

(2) The terms of the members appointed by the Governor serving on July 1, 2006 expire as follows:

(i) 2 members in 2007;

(ii) 2 members in 2008; and

(iii) 2 members in 2009.

(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(4) A member who is appointed after a term begins serves only for the rest of the term and until a successor is appointed and qualifies.

(5) An appointed member may not serve more than 2 consecutive terms.

(e) Removal. -- The Governor may remove a member for incompetence or misconduct.

(f) Election of officers. -- The Coordinating Council may elect from among its members a chairman, vice-chairman, secretary and other officers it deems appropriate.

(g) Meetings. -- The Coordinating Council shall determine the time and place of its meetings.

(h) Reimbursement of expenses. -- The members of the Coordinating Council may not receive a salary, but shall be reimbursed for reasonable expenses incurred in attending meetings and other Council business, as provided under the Standard State Travel Regulations.