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<section article="gnr" article_name="Natural Resources" number="4-204" title_number="4" title_name="Fish and Fisheries" subtitle_number="2" subtitle_name="Organization and Authority of Department Pertaining to Fish and Fisheries -- in General">
  <level label="a">
    <level label="1">
      <text>There is a Tidal Fisheries Advisory Commission in the Department.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>The Commission consists of:</text>
        <level label="1">
          <text>Up to 14 commercial watermen;</text>
        </level>
        <level label="2">
          <text>One member of the Sport Fisheries Advisory Commission; and</text>
        </level>
        <level label="3">
          <text>One representative of the aquaculture industry in the State.</text>
        </level>
      </level>
      <level label="ii">
        <text>The composition of the Commission shall reflect the geographic regions of the State where the commercial fishing industry is operating.</text>
      </level>
    </level>
    <level label="4">
      <text>The term of a member is 4 years.</text>
    </level>
    <level label="5">
      <text>The terms of members are staggered as required by the terms provided for members of the Commission on July 1, 2015.</text>
    </level>
    <level label="6">
      <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text>
    </level>
    <level label="7">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>There is a Sport Fisheries Advisory Commission in the Department.</text>
    </level>
    <level label="2">
      <text>The Commission shall provide the Department advice on recreational fisheries matters.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>The Commission is composed of 17 members appointed and serving in accordance with the provisions of § 1–102(c) of this article.</text>
      </level>
      <level label="ii">
        <text>The Commission shall include:</text>
        <level label="1">
          <text>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; and</text>
        </level>
        <level label="2">
          <text>One representative of the aquaculture industry in the State.</text>
        </level>
      </level>
      <level label="iii">
        <text>The experience and backgrounds of Commission members shall represent the diversified angling interests and waters of the State.</text>
      </level>
    </level>
    <level label="4">
      <level label="i">
        <text>The term of a member is 4 years and a member may be reappointed.</text>
      </level>
      <level label="ii">
        <text>The terms of members are staggered as required by the terms provided for members of the Commission on July 1, 2015.</text>
      </level>
      <level label="iii">
        <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text>
      </level>
      <level label="iv">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>There is an Oyster Advisory Commission in the Department.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>The Commission shall include only:</text>
        <level label="1">
          <text>A representative from each county oyster committee established under § 4–1106(b) of this title designated by the committee;</text>
        </level>
        <level label="2">
          <text>A representative from the Maryland Watermen’s Association, designated by the Association;</text>
        </level>
        <level label="3">
          <text>A representative from the Maryland Oystermen’s Association, designated by the Association;</text>
        </level>
        <level label="4">
          <text>A representative from the Blacks of the Chesapeake Foundation, designated by the Foundation;</text>
        </level>
        <level label="5">
          <text>A representative from the aquaculture industry, designated by the Aquaculture Coordinating Council;</text>
        </level>
        <level label="6">
          <text>A representative from the commercial seafood buyer industry, designated by the Secretary;</text>
        </level>
        <level label="7">
          <text>A representative from the Coastal Conservation Association of Maryland, designated by the Association;</text>
        </level>
        <level label="8">
          <text>A representative from the Chesapeake Bay Foundation, designated by the Foundation;</text>
        </level>
        <level label="9">
          <text>A representative from the Nature Conservancy, designated by the Conservancy;</text>
        </level>
        <level label="10">
          <text>A representative from the ShoreRivers Riverkeeper Association, designated by the Association;</text>
        </level>
        <level label="11">
          <text>A representative from the Arundel Rivers Federation, designated by the Federation;</text>
        </level>
        <level label="12">
          <text>A representative from the Oyster Recovery Partnership, designated by the Partnership;</text>
        </level>
        <level label="13">
          <text>A representative from the Chesapeake Bay Commission, designated by the Chesapeake Bay Commission;</text>
        </level>
        <level label="14">
          <text>A representative from Blue Oyster Environmental, designated by Blue Oyster Environmental;</text>
        </level>
        <level label="15">
          <text>A representative from the Chesapeake BaySavers, designated by the Chesapeake BaySavers;</text>
        </level>
        <level label="16">
          <text>A representative from the National Aquarium, designated by the National Aquarium;</text>
        </level>
        <level label="17">
          <text>A representative from the University of Maryland Center for Environmental Science, designated by the Center; and</text>
        </level>
        <level label="18">
          <text>A representative from the Patuxent Environmental and Aquatic Research Laboratory, Morgan State University, designated by the Research Laboratory.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>The following persons shall provide information to the Commission at the request of the Commission but may not participate as voting members:</text>
      <level label="i">
        <text>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;</text>
      </level>
      <level label="ii">
        <text>Two members of the Senate, one from each political party, appointed by the President of the Senate; and</text>
      </level>
      <level label="iii">
        <text>Two members of the House of Delegates, one from each political party, appointed by the Speaker of the House.</text>
      </level>
    </level>
    <level label="4">
      <text>The Commission shall:</text>
      <level label="i">
        <text>Provide the Department with advice on matters related to oysters in the Chesapeake Bay;</text>
      </level>
      <level label="ii">
        <text>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;</text>
      </level>
      <level label="iii">
        <text>Review the latest findings relevant to the Environmental Impact Statement evaluating oyster restoration alternatives for the Chesapeake Bay;</text>
      </level>
      <level label="iv">
        <text>Review any other scientific, economic, or cultural information relevant to oysters in the Chesapeake Bay;</text>
      </level>
      <level label="v">
        <text>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</text>
      </level>
      <level label="vi">
        <text>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:</text>
        <level label="1">
          <text>Strategies to minimize the impact of oyster disease, including the State repletion program and bar cleaning;</text>
        </level>
        <level label="2">
          <text>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;</text>
        </level>
        <level label="3">
          <text>Strategies to maximize the ecological benefits of natural oyster bars; and</text>
        </level>
        <level label="4">
          <text>Strategies to improve enforcement of closed oyster areas.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <text>The Department may not use funds allocated to a county oyster committee for the Commission established under this subsection.</text>
    </level>
  </level>
</section>
