Current with changes from the 2024 Legislative Session
Section 4-204 - Department advisory commissions(a)(1) There is a Tidal Fisheries Advisory Commission in the Department.(2) The Commission is composed of up to 16 members appointed and serving in accordance with the procedures adopted under § 1-102(c) of this article.(3)(i) The Commission consists of:1. Up to 14 commercial watermen;2. One member of the Sport Fisheries Advisory Commission; and3. One representative of the aquaculture industry in the State.(ii) The composition of the Commission shall reflect the geographic regions of the State where the commercial fishing industry is operating.(4) The term of a member is 4 years.(5) The terms of members are staggered as required by the terms provided for members of the Commission on July 1, 2015.(6) At the end of a term, a member continues to serve until a successor is appointed and qualifies.(7) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.(b)(1) There is a Sport Fisheries Advisory Commission in the Department.(2) The Commission shall provide the Department advice on recreational fisheries matters.(3)(i) The Commission is composed of 17 members appointed and serving in accordance with the provisions of § 1-102(c) of this article.(ii) The Commission shall include: 1. One member of the Tidal Fisheries Advisory Commission who is not the representative of the Sport Fisheries Advisory Commission serving on the Tidal Fisheries Advisory Commission under subsection (a)(3)(i) of this section; and2. One representative of the aquaculture industry in the State.(iii) The experience and backgrounds of Commission members shall represent the diversified angling interests and waters of the State.(4)(i) The term of a member is 4 years and a member may be reappointed.(ii) The terms of members are staggered as required by the terms provided for members of the Commission on July 1, 2015.(iii) At the end of a term, a member continues to serve until a successor is appointed and qualifies.(iv) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.(c)(1) There is an Oyster Advisory Commission in the Department.(2)(i) On or before April 1, 2020, and subject to subparagraph (ii) of this paragraph, the Department shall, in coordination with the University of Maryland Center for Environmental Science, convene the members of the Commission.(ii) The Commission shall include only: 1. A representative from each county oyster committee established under § 4-1106(b) of this title designated by the committee;2. A representative from the Maryland Watermen's Association, designated by the Association;3. A representative from the Maryland Oystermen's Association, designated by the Association;4. A representative from the Blacks of the Chesapeake Foundation, designated by the Foundation;5. A representative from the aquaculture industry, designated by the Aquaculture Coordinating Council;6. A representative from the commercial seafood buyer industry, designated by the Secretary;7. A representative from the Coastal Conservation Association of Maryland, designated by the Association;8. A representative from the Chesapeake Bay Foundation, designated by the Foundation;9. A representative from the Nature Conservancy, designated by the Conservancy;10. A representative from the ShoreRivers Riverkeeper Association, designated by the Association;11. A representative from the Arundel Rivers Federation, designated by the Federation;12. A representative from the Oyster Recovery Partnership, designated by the Partnership;13. A representative from the Chesapeake Bay Commission, designated by the Chesapeake Bay Commission;14. A representative from Blue Oyster Environmental, designated by Blue Oyster Environmental;15. A representative from the Chesapeake BaySavers, designated by the Chesapeake BaySavers;16. A representative from the National Aquarium, designated by the National Aquarium;17. A representative from the University of Maryland Center for Environmental Science, designated by the Center; and18. A representative from the Patuxent Environmental and Aquatic Research Laboratory, Morgan State University, designated by the Research Laboratory.(3) The following persons shall provide information to the Commission at the request of the Commission but may not participate as voting members:(i) State and federal agencies tasked with oyster management and restoration responsibilities, including the Department, the National Oceanic and Atmospheric Administration, and the U.S. Army Corps of Engineers;(ii) Two members of the Senate, one from each political party, appointed by the President of the Senate; and(iii) Two members of the House of Delegates, one from each political party, appointed by the Speaker of the House.(4) The Commission shall: (i) Provide the Department with advice on matters related to oysters in the Chesapeake Bay;(ii) Review the best possible science and recommend changes to the framework and strategies for rebuilding and managing the oyster population in the Chesapeake Bay under the Chesapeake Bay Oyster Management Plan;(iii) Review the latest findings relevant to the Environmental Impact Statement evaluating oyster restoration alternatives for the Chesapeake Bay;(iv) Review any other scientific, economic, or cultural information relevant to oysters in the Chesapeake Bay;(v) Develop a package of consensus recommendations, in coordination with the Department, for enhancing and implementing the fishery management plan for oysters under § 4-215 of this subtitle; and(vi) By December 31, 2007, and to the extent reasonably appropriate, report to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly on:1. Strategies to minimize the impact of oyster disease, including the State repletion program and bar cleaning;2. The framework and effectiveness of the oyster sanctuary, harvest reserve, and repletion programs, and the overall management of natural oyster bars, after performing a cost-benefit analysis that considers biological, ecological, economic, and cultural issues;3. Strategies to maximize the ecological benefits of natural oyster bars; and4. Strategies to improve enforcement of closed oyster areas.(5) The Department may not use funds allocated to a county oyster committee for the Commission established under this subsection.Amended by 2022 Md. Laws, Ch. 88, Sec. 1, eff. 2/1/2023.Amended by 2020 Md. Laws, Ch. 598, Sec. 1, eff. 5/8/2020.Amended by 2020 Md. Laws, Ch. 597, Sec. 1, eff. 5/8/2020.Amended by 2020 Md. Laws, Ch. 9, Sec. 1, eff. 2/29/2020.Amended by 2020 Md. Laws, Ch. 5, Sec. 1, eff. 2/29/2020.Amended by 2015 Md. Laws, Ch. 307, Sec. 1, eff. 7/1/2015.Amended by 2014 Md. Laws, Ch. 587, Sec. 1, eff. 7/1/2014.