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SB 841

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2025 Regular Session Introduced by Barbara Favola and 1 co-sponsor

Creates a public clam fishery area in Chesapeake Bay to protect wild harvest by banning shellfish aquaculture leases there; DNR defines it using past harvest data and surveys.

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Bill Summary · SB 841

SB 841 — Natural Resources: Public Clam Fishery Area — Establishment

Status: Introduced (Maryland). Effective date: June 1, 2025. Hearing noted 3/04 at 1:00 p.m.

Main purpose

Require the Maryland Department of Natural Resources (DNR), in consultation with the Tidal Fisheries Advisory Commission, to define by regulation a “public clam fishery area” in the Chesapeake Bay and to reserve that area for wild clam harvest by prohibiting its lease for shellfish aquaculture.

Key provisions

  • DNR, working with the Tidal Fisheries Advisory Commission, must identify the public clam fishery area by regulation based on:
    • Commercial clam harvesting activity during the three years preceding June 1, 2025;
    • Any surveys conducted by DNR; and
    • Other quantitative data available to the department.
  • The area designated as the public clam fishery area may not be leased for shellfish aquaculture.
  • A tidal fish license holder may harvest clams in areas outside the public clam fishery area unless those areas are otherwise closed or prohibited by law.
  • The bill takes effect June 1, 2025.

Who is affected

  • DNR: required to perform surveys and promulgate regulations identifying the area.
  • Commercial clam harvesters (tidal fish license holders): may benefit from reserved public harvest areas.
  • Shellfish aquaculture operators: prevented from leasing and developing aquaculture on the designated public clam fishery area, which could reduce available leaseable acreage.
  • Local governments: no direct fiscal impact anticipated.
  • Consumers/seafood industry: potential downstream effects depending on allocation between wild harvest and aquaculture.

Fiscal and operational impacts

  • Fiscal note (Maryland Department of Legislative Services) estimates increased general fund expenditures:
    • Approximately $144,300 in FY 2026 (accounting for startup delay)
    • Ongoing annual costs around $135,000–$149,000 in later years
  • Estimated costs reflect hiring one Natural Resources Biologist, boat fuel and maintenance for bottom surveys, and operating expenses. The fiscal note assumes DNR will conduct both bottom surveys and harvester surveys and may perform surveys annually because clam distribution shifts over time.
  • No direct revenue effects identified.
  • Small-business impact: potentially meaningful positive effect for small commercial clam harvesters (by reserving harvest areas) and potentially meaningful negative effect for small aquaculture businesses (reduced leasing opportunities).

Context and related rules

  • DNR already identifies public shellfish (oyster) fishery areas using similar regulatory processes; this bill applies an analogous framework specifically to clams.
  • Existing DNR rules already prohibit clam harvesting in certain areas (e.g., near oyster bars, within aquaculture leases, in unapproved waters); this bill explicitly forbids leasing the newly designated public clam fishery area for aquaculture.

Practical effect

The bill reserves certain Chesapeake Bay waters—identified through recent harvest history and DNR surveys—as protected public clam harvest zones, limiting conversion of those areas to aquaculture leases and directing DNR to carry out the scientific/administrative work needed to locate and maintain that designation.

Compiled from official sources — confirm details with the bill’s official record.

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