# COMAR Title 08 — Department of Natural Resources

## Subtitle 02 — Fisheries Service

### Chapter 14 — Aquaculture Permits

**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

**Administrative History:** Effective date:

**Administrative History:** 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

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

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

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

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

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

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

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

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

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

**Administrative History:** Regulation .13 repealed effective February 15, 2016 (43:3 Md.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

#### Regulation .01 Scope.

*COMAR 08.02.14.01*

This chapter applies to the collection, permitting, possession, production, processing, marking, transporting, purchase, or sale of fish or aquatic plants, except for shellfish aquaculture on a leased or licensed area as described in COMAR 08.02.23, which are the products of, or intended to be used for, aquaculture as that term is defined in Natural Resources Article, §4-11A-01, Annotated Code of Maryland.

#### Regulation .02 Purpose.

*COMAR 08.02.14.02*

The purpose of this chapter is to encourage the orderly development of an aquaculture industry in Maryland, while ensuring that aquaculture operations do not adversely impact upon the State's wild stocks of fish.

#### Regulation .03 Definitions.

*COMAR 08.02.14.03*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Aquaculture” means the commercial rearing of the species of fish or aquatic plants listed in Regulation .07, or as otherwise permitted by these regulations. It includes one or more activities which are related to the production of fish or aquatic plants.

  (2) “Aquaculture activities” means those activities which may include the purchase, sale, possession, capture, production, breeding, transportation, and processing of fish or aquatic plants.

  (3) “Fish” means finfish, crustaceans, mollusks, and amphibians and reptiles which spend the majority of their life cycle in water, and any part, egg, offspring, or dead body of any of these species.

  (4) “Hybrid” means the offspring of any species of fish of genetically dissimilar parents or stock.

  (5) “Maryland waters” means tidal and nontidal waters located within the boundaries of the State, including that portion of the Atlantic Ocean within the boundaries of the State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the State.

  (6) “Native species” means any species of fish which historically has lived, grown, and reproduced in Maryland's waters.

  (7) “Naturalized species” means any species of fish which, though not indigenous to Maryland, has acclimated, or adapted to life in Maryland's waters so that the species has been documented as having lived, grown, and reproduced in Maryland for more than 10 years.

  (8) “Non-native species” means a species of fish that is not a native or naturalized species of fish as defined in this regulation.

  (9) “Permittee” means a person authorized by the Department to engage in aquaculture activities, including the permittee's agents or employees.

  (10) “Person” includes:

    (a) The State, county, municipal corporation, or other political subdivision of the State, and any of their units;

    (b) An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind; or

    (c) Any partnership, firm, association, public or private corporation, or any other entity.

  (11) “Processed” means prepared or converted to a form other than the whole animal.

#### Regulation .04 Permit Requirements for Aquacultural Activities.

*COMAR 08.02.14.04*

A. A person may not engage in aquaculture or related activities, own or operate an aquaculture facility, or propagate fish for aquacultural purposes without first obtaining a permit from the Department.

B. A person may not conduct aquacultural activities involving finfish in the tidal waters of the State without first obtaining a permit from the Department.

#### Regulation .05 Types of Permits.

*COMAR 08.02.14.05*

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

  (1) The aquaculture of native and naturalized species of fish or aquatic plants listed in Regulation .07;

  (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) 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) The capture of brood stock;

  (5) The aquaculture of shellfish in confined, on-shore facilities; or

  (6) Demonstration and experimental aquaculture of native or naturalized finfish in the tidal waters of the State.

B. Prohibitions.

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

    (a) Adversely affect wild stocks of fish;

    (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

    (c) Result in the contamination of native or naturalized species of fish or their ecosystem.

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

    (a) Does not require the identification of the product of the aquaculture operation; and

    (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.

#### Regulation .06 Application Procedures.

*COMAR 08.02.14.06*

A. One or more of the activities specified in Regulation .05A may be requested in the same application.

B. On an application form provided by the Department, a person who wishes to engage in aquaculture or aquacultural activities in Maryland (referred to as “applicant”) shall provide the:

  (1) Name and address of the applicant;

  (2) Type and location of the facility or proposed facility, if any;

  (3) Species of fish or aquatic plant for which a permit is sought;

  (4) Type of water supply and location of nearest body of water that has an inlet or outlet water flow;

  (5) Type of aquacultural activity or activities proposed; and

  (6) Estimate of production capacity.

C. As part of the application process, the applicant shall:

  (1) Furnish information the Department requires concerning the proposed source of any stocks of fish to be used in the proposed aquacultural activity. If unknown at time of application, a permit may require that the Department be notified in advance of receipt of any shipment of fish.

  (2) Furnish information concerning the health status of any proposed stock of fish, including certifications acceptable to the Department. If unknown at the time of application, a permit shall require the certifications before shipment or receipt of any shipment of fish.

  (3) Furnish any other information concerning the proposed activity necessary to complete the application.

  (4) Allow the Department to inspect at reasonable hours the site of any proposed aquaculture facility.

#### Regulation .07 Permitted Species.

*COMAR 08.02.14.07*

A. The Department may issue permits for the following species or families of fish and aquatic plants:

  (1) Fish.

  (2) Threatened or Endangered Species of Fish and Aquatic Plants. Except as provided in §B, of this regulation, the Department may issue permits for any species of fish or aquatic plants listed as threatened or endangered in Maryland, including striped bass and hybrids of striped bass, unless issuance of the permit is precluded under federal law.

B. Prohibited Species. The Department may maintain a list of prohibited species for which permits may not be issued except under certain conditions.

#### Regulation .08 General Terms and Conditions Applicable to Permits.

*COMAR 08.02.14.08*

A. The following terms and conditions apply to permits issued under the authority of this chapter, whether expressly set forth in the permit document itself or not:

  (1) Finfish products of any aquacultural activity shall be identified as such in accordance with Regulation .10E, of this chapter.

  (2) A person conducting aquacultural activities shall display the appropriate aquaculture permit at the aquaculture facility, or have the permit in possession for activities authorized at sites other than an identified aquaculture facility. The permit shall be made available for inspection at reasonable times upon request by the Department.

  (3) A person operating a permitted aquaculture facility shall:

    (a) Allow the Department to inspect the facility, equipment, and fish or aquatic plants at reasonable hours;

    (b) Maintain fish production records on a quarterly basis which estimate stocks on hand at the facility by species;

    (c) Maintain shipping and receiving records by species of the distribution of fish or aquatic plants to or from a permitted facility; and

    (d) Notify the Department immediately upon the discovery of any disease affecting the fish or plants at the facility that has the potential to contaminate native or naturalized species of fish.

B. The records required by §A(3) shall be maintained at the facility, or at a specified location other than the facility for 3 years, and be made available to the Department for inspection upon request.

#### Regulation .09 Approval of Permits.

*COMAR 08.02.14.09*

A. The Department may issue a permit to engage in aquaculture activities authorized by law and these regulations, after receipt and approval of a completed application.

B. Permits issued by the Department shall be:

  (1) Valid for a 5-year period, and expire on December 31 of the fifth year after issuance;

  (2) Issued for each facility separately.

C. Permits issued by the Department are not transferrable.

D. Permits may be modified or amended upon request of the permittee, or at the direction of the Department.

E. The Department may deny a permit application to possess species of fish or aquatic plants which may have an adverse impact on fish populations or their ecosystems.

#### Regulation .10 Special Requirements.

*COMAR 08.02.14.10*

A. Native or Naturalized Species. Facilities which produce native or naturalized fish species listed in Regulation .07 shall confine production to the permitted location.

B. Non-native Species.

  (1) A person may not conduct aquaculture activities using non-native fish except in approved nontidal ponds, lakes, and impoundments.

  (2) Facilities approved for non-native or hybrid finfish in nontidal ponds, lakes, and impoundments shall be constructed to assure that non-native stocks are precluded from entering the tidal waters of the State. A facility may not discharge its effluent directly or indirectly into Maryland waters without approved treatment.

C. Acquisition of Adult Finfish, Fingerlings, Fry, and Eggs.

  (1) Brood stock, or the progeny of native or naturalized species of finfish, may be obtained from an out-of-State supplier that possesses a valid out-of-State supplier permit in accordance with COMAR 08.02.01.16. They shall be certified by an authority acceptable to the Department to be free of known, infectious diseases that have the potential to contaminate native or naturalized species of fish.

  (2) The Department may provide technical assistance, upon request, to determine whether the fish have any known viral, bacterial, protozoan, or parasite infections which have the potential to contaminate finfish populations of the State.

  (3) Each purchase or acquisition of finfish for aquaculture purposes shall be accompanied by a receipt, or other written evidence showing the date, source, species, quantity of the acquisition, and its destination. Receipts shall be retained as part of the permittee's records for 3 years.

  (4) Imported hybrid or non-native finfish shall be certified by an authority acceptable to the Department to be free of known infectious diseases that have the potential to contaminate native or naturalized fish or aquatic plants.

D. Size Requirements. After January 1, 1990, there is no minimum size requirement for any species of finfish propagated from aquaculture nontidal ponds, lakes, and impoundments, provided the production of finfish from permitted facilities is identified as an aquaculture product.

E. Marketing and Identification of Aquaculture Products — Finfish.

  (1) Finfish aquaculture products that are produced in, sold in, imported to, or exported from Maryland shall be packaged and labeled in accordance with §E(2) and (3), of this regulation.

  (2) Dead or processed aquaculture finfish product or parts of it may be offered for sale subject to the following conditions:

    (a) The product shall be identified as an aquaculture product. Packages and containers containing aquaculture products shall be tagged or labeled with a uniform series of 14 digit numbers and letters as shown in the example below:

    (b) If individually marked, the product shall have affixed a printed label bearing the same information listed in §E(2)(a), of this regulation.

    (c) The sale of the product shall be accompanied by a receipt showing the date of sale, the name, address, and permit number of the aquaculture facility, the numbers and species of finfish sold, and the name of the purchaser. The consignee of each subsequent sale shall retain a copy of the bill of lading or similar accountable document for 1 year and make it available to the Department upon request.

  (3) Live aquaculture finfish which are produced in nontidal ponds, lakes, and impoundments and imported, exported, or offered for sale in Maryland shall be subject to the following conditions:

    (a) Live finfish from any source may not be stocked in Maryland waters unless specifically permitted by the Department;

    (b) Live finfish may be moved and stocked within a permitted facility, if the terms of the permit are not violated by the movements;

    (c) Live finfish may be freeze-branded alive with an “A” 1/2 inch square, which shall serve as a mark on a processed product without affixing a tag described in §E(2)(b), of this regulation;

    (d) A shipment of live eggs, fry, or fingerlings offered for sale or exchanged shall be accompanied by packaging or labeling which bears the:

      (i) Name,

      (ii) Address,

      (iii) Permit number,

      (iv) Species, and

      (v) Number of finfish.

#### Regulation .11 Reports.

*COMAR 08.02.14.11*

A. A permittee shall submit an annual report of activities undertaken under the permit on a form provided by the Department.

B. A permittee shall furnish other information necessary to complete an application, or to report on activities conducted under the permit.

#### Regulation .12 Suspension or Revocation of Permits.

*COMAR 08.02.14.12*

A. The Department may suspend or revoke a permit of a permittee who violates the terms or conditions of the aquaculture permit, these regulations, or the laws governing aquaculture in Maryland.

B. If the Department has reason to believe that a permittee is violating the permit, these regulations, or any of the laws governing aquaculture, the Department shall issue a notice of violation to the permittee.

C. A notice of violation shall set forth the facts which the Department believes warrant suspension or revocation of the permit and give the permittee an opportunity to request a contested case hearing.

D. Hearings shall be conducted in accordance with the contested case procedures set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland and COMAR 08.01.04.

E. Nothing in these regulations shall be construed as preventing the Department from seeking any appropriate form of judicial relief against a permittee.