Section 4-1009.1 - Designation of harvest reserve area.
§ 4-1009.1. Designation of harvest reserve area.
(a) Regulations.- The Department may adopt regulations which designate an area as a harvest reserve area for oysters.
(b) Establishing of harvest reserve area.- Notwithstanding any other provision of law, by publishing public notice, the Department may establish for a harvest reserve area:
(1) The opening or closure of an area for the harvesting or conservation of oysters;
(2) The harvest limit;
(3) The seasons, days, and times when oysters may be harvested;
(4) A minimum size limit of not less than 3 inches; and
(5) A maximum size limit.
(c) Same - Effectiveness.-
(1) An action of the Department under subsection (b) of this section may not become effective until:
(i) A copy of the notice to be published under item (ii) of this paragraph has been delivered to the Joint Committee on Administrative, Executive, and Legislative Review; and
(ii) 48 hours after notice has been published:
1. In at least one newspaper of general circulation in the State;
2. In at least one newspaper of general circulation in each county in which the affected waters are located; and
3. On the website of the Department.
(2) The notice required under paragraph (1) of this subsection shall state all applicable reasons for the Department's action.
(d) Biological criteria.- The Department shall use the following biological criteria for the opening and closing of a harvest reserve area:
(1) Growth rates;
(2) Disease prevalence and intensity;
(3) Mortality thresholds; and
(4) Biomass thresholds.
[2004, ch. 492.]