This chapter applies to shellfish aquaculture in waters of the State as described in Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland. In this chapter, the following terms have the meanings indicated. Terms Defined. “Aquaculture activities” means those activities which include the purchase, monitoring, bottom preparation, planting, sale, possession, harvest, production, breeding, transportation, and processing of shellfish in State waters on or in an area used for shellfish cultivation. “Aquaculture Enterprise Zone” means an area of the Chesapeake Bay approved for the leasing of submerged land or the water column by the Department in consultation with the Department of the Environment and the Wetlands Administrator of the State Board of Public Works. “Aquaculture lease” means a lease of any submerged land or the water column located in an Aquaculture Enterprise Zone for cultivating oysters or other shellfish for commercial purposes. “Atlantic Coastal Bays” means the waters of the Assawoman, Isle of Wight, Sinepuxent, Newport, and Chincoteague Bays and their tributaries. “Demonstration lease” means a lease of submerged land for the purpose of demonstrating the ecological benefits of growing shellfish or for research or education. “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, and public drainage systems within the State. “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity. “Pole” means a buoy, float, or stake used to mark a leased oyster bottom. “SAV Protection Zone” means an area of submerged aquatic vegetation with a density greater than 10 percent as mapped in aerial surveys by the Virginia Institute of Marine Sciences in 1 or more of the 3 years preceding the designation of an Aquaculture Enterprise Zone, or an application for an aquaculture, submerged land, or demonstration lease. “Seed oyster” means an oyster that is no more than 1 inch in size from hinge to bill. “Submerged land lease” means any land lying beneath the waters of the State leased by the State to any person for cultivating oysters and other shellfish for commercial purposes. “Water column lease” means a lease of the column of water on or under the surface of the water and above the surface of the submerged land. “Yates Bar” means any submerged oyster bar, reef, rock, or area represented as an oyster bar on the charts of the oyster survey of 1906 to 1912, not including any amendments. Aquaculture Activities on Submerged Land. A person may not engage in aquaculture activities on submerged land in waters of the State, including the areas listed in Regulation .06 of this chapter, unless the land is leased or permitted for shellfish aquaculture purposes. To obtain a submerged land lease a person shall: Apply for: A submerged land lease by submitting an application on a form provided by the Department; and A shellfish aquaculture harvester permit as described in Regulation .04 of this chapter; and Submit a non-refundable fee of $300. Aquaculture Activities in the Water Column. A person may not engage in aquaculture activities in the water column unless the water column is leased or permitted for shellfish aquaculture purposes. To obtain a water column lease, a person shall: Apply for: A water column lease by submitting an application on a form provided by the Department; and A shellfish aquaculture harvester permit as described in Regulation .04 of this chapter; and Submit a non-refundable fee of $300. Reporting. A leaseholder shall submit to the Department an annual report as required by the Department not later than December 31. Rent. Submerged Land Lease. Except as provided in §D(2) of this regulation, the rental rate for a submerged land lease is $3.50 per acre per year and is due in full to the Department by December 31 of the preceding year. The rental rate for the first year of a lease may be prorated and is due in full to the Department within 30 days of lease approval. Locations. In addition to restrictions provided in Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland, a lease may not be located: In waters classified as restricted by the Maryland Department of the Environment unless the person: Provides proof to the Department of a viable relay location; or Has a demonstration lease; In the Assateague Island National Seashore as described in 16 U.S.C. §459f; or Within 150 feet of a Yates Bar located in an oyster sanctuary as established in COMAR 08.02.04.15A. Prohibited Activities. A leaseholder may not make any alteration which includes adding any type of fill or sediment other than shell to the existing condition of the lease without first obtaining the Department's written consent. Shell present in the leased area at the time the lease is issued may not be removed from the leased area without the written permission of the Department. Marking a Lease. A leaseholder shall: Place a minimum of four poles at the corners of the lease perimeter; Mark each pole with an 8-inch by 12-inch marker displaying only the initials or name of the leaseholder and the lease number; and Maintain and meet any standards for corner marker structures as required by the Department in documents available on its website. Gear. All equipment, gear, or manmade material placed on the lease shall be permanently and individually marked with the lease number and name of the leaseholder. The leaseholder shall be responsible and liable for equipment, gear, or aquaculture-related material: That has been found adrift or unattended outside the boundaries of the lease area; or Remaining on the lease after the surrender, default, abandonment, or termination of the lease. Transfer of Lease. A leaseholder may apply to transfer a lease by completing forms provided by the Department. Prior to receiving approval of a transfer, the person receiving a transferred lease shall complete a lease application and a shellfish aquaculture harvester permit application and submit the required forms with the transfer form described in §I(1) of this regulation. Surrender of a Lease. A lease may be surrendered by providing written notice to the Department. Except for a demonstration lease holder, a lease holder or a lease transfer applicant shall submit an application, provided by the Department, and obtain a shellfish aquaculture harvester permit prior to engaging in aquaculture activities. A shellfish aquaculture harvester permit: Shall be valid for a 1-year term beginning on January 1 and expiring on December 31 each year; Shall be automatically renewed for a new term upon receipt of all reports required under Regulation .03D of this chapter; Is not transferable; and Is an operator card for the purposes of Natural Resources Article, §4-11A-16.1, Annotated Code of Maryland. Reporting. A person who is permitted by the Department under this regulation shall submit a monthly aquaculture harvest activity report on forms provided by the Department by the 10th day following the end of each month. Permit Registrants. Except for an individual under the supervision of a shellfish aquaculture harvester permittee who is present on the leased area, an individual engaged in aquaculture activities within the area described in the permit applicant's lease shall be: Named as a permittee or permit registrant under the shellfish aquaculture harvester permit; and In possession of a shellfish aquaculture harvester registration card issued to the individual by the Fisheries Service. A shellfish aquaculture harvester permittee shall immediately notify the Department of any changes of named permit registrants on a form provided by the Department. A shellfish aquaculture harvester registration card shall be issued to each shellfish aquaculture harvester permittee and permit registrant. A shellfish aquaculture harvester permittee shall be responsible for all work and acts performed on the leased area under the permittee’s supervision. Any individual engaged in aquaculture activities on a leased area or transporting shellfish from a lease to a dealer: Shall harvest, transport, and store shellfish in accordance with the National Shellfish Sanitation Program Model Ordinance that is incorporated by reference in COMAR 10.15.07.01A; Except as provided in §E(3) of this regulation, may not harvest oysters from a: Water column lease that are less than 2 inches from hinge to bill; or Submerged land lease that are less than: 2 inches from hinge to bill from April 1 through September 30; or 3 inches from hinge to bill from October 1 through the following March 31; Shall have written permission from the Department if in possession of undersized shellfish outside of the leased area; May possess seed oysters; May only sell oysters in accordance with COMAR 08.02.08.02; Shall implement vibrio parahaemolyticus control measures in accordance with COMAR 10.15.07.06; Shall store oysters in accordance with §G of this regulation; Shall tag oysters in accordance with §H of this regulation; and May harvest oysters only during the following time periods: October through May — sunrise to sunset; June and September — sunrise to the delivery time specified in COMAR 10.15.07.06; and July and August — 30 minutes before sunrise to the delivery time specified in COMAR 10.15.07.06. Tolerance Limit. A shellfish aquaculture harvester permittee or permit registrant may not possess oysters harvested from a lease that include a combined total of more than 5 percent of shells and oysters which measure less than the minimum allowable size specified in §E(2) of this regulation. In ascertaining this percentage the Department shall select by random sample an amount of oysters from any pile, hold, bin, house, or place as deemed proper, cull the sample, and require any undersized oysters to be returned to the lease area. All small oysters and cultch that adhere to marketable oysters shall be separated, and the marketable oysters shall be excluded from any measurement of small oysters and cultch. A person may possess marketable oysters that have undersized oysters or spat less than 1 inch in length from hinge to bill attached to them that cannot be separated without destroying the small oyster. Containers. Oysters harvested from a lease shall be placed in a container of any size prior to leaving the lease from which they were harvested. Oysters shall remain in the original container until a tag is no longer required on the container in accordance with §J(1)(d) of this regulation. Tagging of Individual Containers. Except as provided in §H(2) and I of this regulation, an individual storing oysters in accordance with §H of this regulation shall complete and affix a Department-issued tag to each container of oysters prior to leaving the lease from which the oysters were harvested. An individual storing oysters in accordance with §G of this regulation may use a tag not supplied by the Department if: The individual: Is licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07; and Follows the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01; and Each tag contains: The statement “Farm-Raised Shellfish”; and The lease number. Department-issued tags shall only be used by the individual to whom the tags were originally issued. Bulk Tagging. Definitions. In this regulation the following terms have the following meanings. “Bulk tag” means a tag that provides the necessary information as required by the National Shellfish Sanitation Program Model Ordinance for a single lot of oysters. “Single lot” means oysters coming from a single lease, harvested during a single trip on a single day. Except as provided in §I(3) of this regulation, an individual storing oysters in accordance with §G of this regulation may complete and affix a Department-issued bulk tag to a single container of oysters prior to leaving the lease from which the oysters were harvested. An individual storing oysters in accordance with §G of this regulation may use a bulk tag not supplied by the Department if: The individual: Is licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07; and Follows the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01; and Each tag contains: The statement “Farm-Raised Shellfish”; The lease number; and The following statement in bold capitalized letters: “ALL SHELLFISH CONTAINERS IN THIS LOT HAVE THE SAME HARVEST DATE AND ARE FROM THE SAME LEASE”; and The number of individual containers in the lot. If a bulk tag is used, the vessel may only harvest from one lease on that trip. Tagging Provisions for Both Tagging of Individual Containers and Bulk Tags. Tags: Shall be durable and waterproof; Shall be at least 5-1/2 x 2-3/4 inches in size; Shall be completed legibly in indelible ink; Shall stay affixed to the container until the container is in the possession of a person who is licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07; and May not be reused. In addition to the tagging requirements of this regulation, a person who is licensed and certified to sell shellfish by the Maryland Department of Health in accordance with COMAR 10.15.04 and 10.15.07 shall follow the tagging requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01. An individual shall only possess one type of tag, wild shellfish or farm-raised shellfish, while harvesting oysters. An individual shall possess only one type of tag, individual or bulk, while harvesting oysters. An individual may not use a farm-raised shellfish tag to tag wild shellfish. An individual may not use a wild shellfish tag to tag farm-raised shellfish. Denial, Suspension, and Revocation. Denial. The Department may deny issuance of a shellfish aquaculture harvester permit or registration card if the applicant or listed registrant: Submits an incomplete or untruthful application; Has commercial fishing privileges that are currently suspended or revoked for shellfish violations; Had all commercial fishing privileges revoked; or Held a shellfish aquaculture harvester permit or registration card that was revoked in accordance with §I(2) of this regulation within 3 years of the date of the application. Suspension or Revocation. A shellfish aquaculture harvester permit or a shellfish aquaculture harvester registration card may be suspended or revoked by the Department if the individual: Violates: A provision of this chapter; A provision of Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland; COMAR 08.02.04.15C(3); A term or condition of the permit or registration card; or A term or condition of a Shellfish Lease Agreement; Receives a conviction for taking shellfish: From a closed or prohibited area; With illegal gear; More than 2 hours after sunset or any time before sunrise; During the closed season; or That are under the minimum size limit; Receives more than one conviction related to the illegal harvest of shellfish within a two year period; Has commercial fishing privileges that are currently suspended or revoked for shellfish violations; or Had all commercial fishing privileges revoked. Appeal. Except as provided in §I(3)(c) of this regulation, prior to denying issuance of, suspending or revoking a shellfish aquaculture harvester permit or a shellfish aquaculture harvester registration card, the Department shall give the individual notice of its intended action and an opportunity to appear at a hearing 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. If an individual submits a written request for a hearing to the Department within 30 days after the date that the notice required under this paragraph is mailed, the Department shall: Hold a hearing after providing at least 10 days’ notice to the individual; and Conduct the hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The Department may deny an application for, or suspend or revoke a shellfish aquaculture harvester permit or a shellfish aquaculture harvester registration card issued under this chapter without a hearing if the individual: Does not submit a written request for a hearing to the Department within 30 days after the date that the notice required under this paragraph is mailed; Fails to appear for a scheduled hearing for which the Department provided notice; or Is prohibited from holding a permit or registration card as the result of a prior adjudication, settlement agreement, or consent order. The Department may conduct pilot projects to demonstrate and evaluate new approaches to managing shellfish aquaculture in the State. The Department may select and designate certain persons named on a Shellfish Aquaculture Harvester Permit or Shellfish Aquaculture Harvester Registration Card to participate in a pilot project. A participating permittee or registrant shall: Apply for a pilot program permit on forms provided by the Department; Have a pilot program permit in order to participate in a pilot program; Comply with any conditions of the permit; and Be eliminated from the pilot project at the discretion of the Department. The Department shall: Develop pilot projects in cooperation with the aquaculture industry; and Provide adequate notice of a pilot program through various media so that an interested individual has a reasonable opportunity to be informed. The following areas are established as pre-approved leasing areas. A “pre-approved leasing area” means an area of the Atlantic coastal bays approved for leasing of submerged land by the Department. Areas Defined. South Point Shoal. All of the waters Chincoteague Bay enclosed by a line beginning at a point at or near Lat. 38°10.860' N, Long. 75°13.379' W; then running 310° True to a point at or near Lat. 38°10.980' N, Long. 75°13.560' W; then running 19° True to a point at or near Lat. 38°12.060' N, Long. 75°13.079' W; then running 112° True to a point at or near Lat. 38°11.768' N, Long. 75°12.145' W; then running 227° True to the point of beginning. Whale Gizzard Shoal. All of the waters Chincoteague Bay enclosed by a line beginning at a point at or near Lat. 38°5.288' N, Long. 75°15.311' W; then running 271° True to a point at or near Lat. 38°5.303' N, Long. 75°16.148' W;, then running 4° True to a point at or near Lat. 38°5.775' N, Long. 75°16.106' W; then running 76° True to a point at or near Lat. 38°5.932' N, Long. 75°15.288' W; then running 182° True to the point of beginning. Eligibility. The Department may only issue a demonstration lease to be used exclusively for educational, conservation, or ecological purposes to: A public high school; An incorporated college or university within the State; A 4-H club; or A nonstock, nonprofit corporation organized under the laws of the State. Application. Prior to obtaining a demonstration lease, an eligible group or organization shall complete and submit an application on a form provided by the Department. The application shall include: Documentation that the applicant meets the qualifications set forth in Natural Resources Article, §4-11A-11, Annotated Code of Maryland; The name and contact information of an employee of the applicant group or organization who will be responsible for ensuring that the requirements of this regulation are met; The purpose of the demonstration lease; A declaration that the applicant intends to actively use the leased area for demonstration purposes; and A proposed plan for active use of the demonstration lease which shall include: The applicant’s source and quantity of shellfish or shellfish seed; The quantity of shellfish or shellfish seed that the applicant expects to plant on the leased area during the initial 3 years of the lease; A description of the activities that will occur on the leased area; and A description of the labor, materials, and equipment to be used by the applicant. Application Review Process. If an application for a demonstration lease in the Chesapeake Bay or in the Atlantic Coastal Bays meets the requirements of this regulation and Natural Resources Article, §4-11A-11, Annotated Code of Maryland: The applicant for the lease shall mark the proposed area with a stake; and The Department shall: Advertise the application on the website of the Department and once a week for 2 weeks in a newspaper published in the county or counties where the proposed lease is to be located; Notify the owners of property directly in front of the proposed activity; Notify each Chair of an Oyster Committee in the county in which the proposed activity is located; and Notify other interested parties that the Department deems appropriate. Within 30 days of publication of the last advertisement under §C(1) of this regulation, any person who has a specific right, duty, privilege, or interest that is different from that held by the general public and may be adversely affected by the proposed lease may file a petition with the Department protesting the issuance of the lease. The protest shall be heard in accordance with the requirements of the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article. The Department shall hold a public informational meeting on the issuance of a lease on the request of any person. After termination of the period prescribed in §C(2) of this regulation for filing a petition or after a final decision dismissing a protest, the Department shall survey the proposed leased area and issue a lease to the applicant. The Department, as it considers necessary to protect the public health, safety, and welfare, may: Deny a lease application for reasonable cause; or Include any conditions in a lease. Fees. There are no application or rental fees for a demonstration lease. Locations. In addition to restrictions provided in Natural Resources Article, §4-11A-11, Annotated Code of Maryland, a lease may not be located in the Assateague Island National Seashore as described in 16 U.S.C. §459f. Prohibited Activities. Alterations, including adding any type of fill or sediment other than shell to the existing condition of the lease, are not permitted without written permission from the Department. Shell present in the leased area at the time the lease is issued may not be removed from the leased area without the written permission of the Department. Permanent structures of any kind may not be placed on the leased area without written permission from the Department. Shellfish may not be harvested from the leased area for commercial or human consumption purposes. Lease Markers and Equipment. A leaseholder shall: Place a minimum of four poles at the corners of the lease perimeter; Mark each pole with an 8-inch by 12-inch marker displaying the name of the leaseholder and the lease number; Maintain and meet any standards for corner marker structures as described by the Department on its website; Permanently and individually mark all equipment or manmade material used on the lease with the lease number and name of the leaseholder; and Be responsible and liable for equipment, gear, or aquaculture-related material that has been found adrift or unattended outside the boundaries of the lease area. Operators. The Department shall issue an operator card to the lessee at the time of lease approval. When one or more individuals are engaged in demonstration activities on the leased area, an individual authorized by the lessee shall be present and in possession of the operator card. Any individual engaged in demonstration activities on a leased area shall comply with the terms and conditions of the lease agreement for that area. Reporting. A leaseholder shall submit to the Department an annual report as required by the Department not later than December 31. Surrender of a Lease. A lease may be surrendered by providing written notice to the Department. Application. An individual shall submit an application for a shellfish nursery permit prior to engaging in shellfish nursery activities. An application shall be submitted on a form provided by the Department. The fee for a shellfish nursery permit application shall be $100 and shall be nonrefundable. A shellfish nursery permit: Shall be valid for a 5-year term beginning on the day of issuance; May be renewed for a new term upon the Department’s receipt of: All completed reports required under this regulation; and Confirmation that renewal is desired by the permittee; May not be transferred; and Shall be issued for each facility separately. Reporting. A permittee under this regulation shall submit an annual report of shellfish nursery activities on a form provided by the Department not later than December 31 of the reporting year. Size Limits. A permittee under this regulation shall only be authorized to culture shellfish seed to a maximum size measuring no greater than 1 inch in length from hinge to bill. In-Water Structures. An in-water shellfish nursery structure: May not be larger than 200 square feet at any one site or physical address; Shall be moored to an existing permitted wharf or other structure approved by the United States Army Corps of Engineers; May not be located within a Submerged Aquatic Vegetation Protection Zone; May not be located within 150 feet of a public shellfish fishery area or a registered pound net site; and If located within an oyster sanctuary, as defined in COMAR 08.02.04.15, may not be located within 150 feet of a Yates bar. A shellfish nursery permit for an in-water structure may only be issued to: The owner of a wharf or other structure constructed on or about the water and approved by the United States Army Corps of Engineers; or To a person with the permission of the owner of such a wharf or other structure. Records and Inspection. A shellfish nursery permittee shall: Maintain quarterly shipping and receiving records for each species cultivated at the facility that estimate: Stocks on hand; and The transfer of shellfish seed to or from the facility or leased area; Keep all shipping and receiving records for a minimum of 3 years; and Allow the Department to inspect at reasonable hours the shellfish nursery facility and any of the permittee’s equipment, records, or product that are part of the permit holder’s shellfish nursery operations. Suspension or Revocation of Permit. The Department may revoke or suspend a permit at any time for noncompliance with the requirements established in Natural Resources Article, §4-11A-23, Annotated Code of Maryland, regulations adopted under this section, or the terms and conditions of the permit. General. A shellfish nursery permittee shall: Obtain all necessary permits and comply with all applicable federal, State and local laws and regulations; Follow the requirements of the National Shellfish Sanitation Program Model Ordinance that is incorporated by reference in COMAR 10.15.07.01A; and Notify the Department immediately upon discovery of any disease or mass mortality event affecting the shellfish at the facility that has the potential to contaminate native or naturalized animals. The shellfish nursery permit shall be: Displayed at the facility at all times; or In the possession of the permittee or any other individual engaged in shellfish nursery activities at the facility. Natural Resources Article, §§4-215, 4-1103, 4-11A-02, 4-11A-04, 4-11A-05, 4-11A-07, 4-11A-08, 4-11A-09, 4-11A-10, 4-11A-11, 4-11A-12, 4-11A-18, and 4-11A-19, 4-11A-23, Annotated Code of Maryland Effective date: Regulations .01 and .05 adopted effective October 19, 2009 (36:21 Md. R. 1590) Chapter revised effective September 6, 2010 (37:18 Md. R. 1214) Regulation .02B amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 942); emergency expired effective December 29, 2011 Regulation .02B amended effective January 9, 2012 (38:27 Md. R. 1763) Regulation .02B amended as an emergency provision effective September 13, 2012 (39:20 Md. R. 1303); emergency provision extended to July 9, 2013 (40:3 Md. R. 215); emergency provision expired Regulation .02B amended effective July 8, 2013 (40:13 Md. R. 1073) Regulation .03 amended effective April 27, 2015 (42:8 Md. R. 607); November 7, 2016 (43:22 Md. R. 1218); February 11, 2019 (46:3 Md. R. 106) Regulation .03B, E amended as an emergency provision effective September 13, 2012 (39:20 Md. R. 1303); emergency provision extended to July 9, 2013 (40:3 Md. R. 215); emergency provision expired Regulation .03B, E amended effective July 8, 2013 (40:13 Md. R. 1073) Regulation .03B, F amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 942); emergency expired effective December 29, 2011 Regulation .03B, F amended effective January 9, 2012 (38:27 Md. R. 1763) Regulation .04 amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 942); emergency expired effective December 29, 2011 Regulation .04 amended effective January 9, 2012 (38:27 Md. R. 1763); November 7, 2016 (43:22 Md. R. 1218); April 1, 2024 (51:6 Md. R. 270) Regulation .04A amended effective April 27, 2015 (42:8 Md. R. 607) Regulation .04E amended effective March 17, 2025 (52:5 Md. R. 236) Regulation .04F amended as an emergency provision effective September 13, 2012 (39:20 Md. R. 1303); emergency provision extended to July 9, 2013 (40:3 Md. R. 215); emergency provision expired Regulation .04F amended effective July 8, 2013 (40:13 Md. R. 1073); December 23, 2013 (40:25 Md. R. 2067) Regulation .04G adopted as an emergency provision effective September 13, 2012 (39:20 Md. R. 1303); emergency provision extended to July 9, 2013 (40:3 Md. R. 215); emergency provision expired Regulation .04G adopted effective July 8, 2013 (40:13 Md. R. 1073) Regulation .04H, I adopted effective December 23, 2013 (40:25 Md. R. 2067) Regulation .04J adopted effective April 27, 2015 (42:8 Md. R. 607) Regulation .05 repealed effective February 11, 2019 (46:3 Md. R. 106) Regulation .05 adopted effective December 11, 2023 (50:24 Md. R. 1040) Regulation .07 amended as an emergency provision effective July 2, 2011 (38:16 Md. R. 942); emergency expired effective December 29, 2011 Regulation .07 amended effective January 9, 2012 (38:27 Md. R. 1763) Regulation .07 repealed and new Regulation .07 adopted effective April 27, 2015 (42:8 Md. R. 607) Regulation .08 adopted as an emergency provision effective September 23, 2013 (40:21 Md. R. 1771); adopted permanently effective November 25, 2013 (40:23 Md. R. 1932)