Sec. 08.02.14.05. Types of Permits

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.