(a) (1) In addition to any other penalty or fine provided in this title, a person who is authorized to catch striped bass or crabs under § 4-701 of this title and who commits an offense established under paragraph (2) of this subsection may have the authorization to catch striped bass or crabs revoked in accordance with this section. (2) The Department, in consultation with the Tidal Fisheries Advisory Commission and the Sport Fisheries Advisory Commission, shall adopt regulations that establish grounds for the revocation of an authorization to catch striped bass or crabs under § 4-701 of this title, which shall include egregious or repeat violations in the following categories: (i) Using illegal gear; (ii) Harvesting during closed seasons; (iii) Harvesting from a closed area; (iv) Violating established harvest, catch, or size limits; and (v) Violating tagging and reporting requirements. (b) (1) Before the revocation of an authorization to catch striped bass or crabs under this section, the Department shall hold a hearing on the matter in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article. (2) After a hearing is conducted under paragraph (1) of this subsection, if the presiding officer finds or concludes that the person knowingly has committed an offense listed under subsection (a)(2) of this section, the Department shall revoke the person's authorization to catch striped bass or crabs. (c) A person who is aggrieved by the final decision of the Department may obtain judicial review of the decision in accordance with the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article. (d) A person whose authorization has been revoked in accordance with this section may not engage or work in the fishery for which the authorization was revoked whether or not it requires the use of another authorization. §5-101. IN EFFECT (a) In this title the following words have the meanings indicated. (b) "County" includes Baltimore City unless otherwise indicated. (c) "Department" means Department of Natural Resources. (d) "Environmental services" means the benefits generated for society by the existence and dynamic development of forests, including: (1) Producing oxygen and removing carbon dioxide from the atmosphere; (2) Regulating the surface and underground flow of water; (3) Providing effective filtration systems for higher water quality; (4) Supporting a myriad of native flora and fauna; and (5) Providing goods and services ranging from forest products to aesthetics. (e) (1) "Forest land" means a biological community dominated by trees and other woody plants that are capable of producing timber or other wood products with a stocking of at least 100 trees per acre with at least 50% of those trees having a 2-inch or greater diameter at 4.5 feet above the ground. (2) "Forest land" includes forested areas that have been cut but not converted to other land uses. (f) "Forest stewardship plan" means a document written by a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, regarding a parcel of land comprising not less than 5 contiguous forested acres that lists activities that enhance or improve forest resources, including soil, water, timber, recreation, and aesthetics over a 15-year period. (g) "Forestry" or "silviculture" means the science, art, and practice of creating, managing, using, and conserving forests and associated resources for human benefit and in a sustainable manner to meet desired goals, including goals for: (1) Clean air and water; (2) Biodiversity; (3) Wildlife habitat; (4) Fiber production; and (5) Recreation. (h) (1) "Forestry practices" means activities conducted to achieve land management objectives. (2) "Forestry practices" includes: (i) Planting; (ii) Prescribed burning; (iii) Thinning; (iv) Pruning; (v) Harvesting; (vi) Fertilizing; and (vii) Pesticide and herbicide application. (i) "No net loss of forest" means 40% of all land in Maryland is covered by tree canopy. (j) "Person" includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. (k) "Secretary" means Secretary of Natural Resources. (l) "Silvicultural product" or "forest product" means any raw material yielded by a forest, including: (1) Timber; (2) Timber products; and (3) Any other forest materials, such as lumber, poles, pulpwood, firewood, and pine straw. (m) "Sustainable forestry" or "sustainable forestry management" means an internationally accepted and applied stewardship concept for the use of forests and forest lands in a manner and at a rate that maintains a forest's: (1) Biodiversity; (2) Productivity; (3) Regeneration capacity; (4) Nutrient reduction benefits; (5) Vitality; and (6) Ecological, economic, and social purposes at local and national levels that do not cause damage to other ecosystems. (n) "Working landscapes" means: (1) Forest lands that are managed consistently with the requirements of a forest stewardship plan or a forest conservation plan, approved by the Department or a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, that advances sustainable forestry management as defined in subsection (m) of this section; and (2) Agricultural lands that are managed consistently with criteria set forth by the Department of Agriculture. §5-101. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 ** (a) In this title the following words have the meanings indicated. (b) "County" includes Baltimore City unless otherwise indicated. (c) "Department" means Department of Natural Resources. (d) "Environmental services" means the benefits generated for society by the existence and dynamic development of forests, including: (1) Producing oxygen and removing carbon dioxide from the atmosphere; (2) Regulating the surface and underground flow of water; (3) Providing effective filtration systems for higher water quality; (4) Supporting a myriad of native flora and fauna; and (5) Providing goods and services ranging from forest products to aesthetics. (e) (1) "Forest land" means a contiguous patch of trees that is at least 1 acre in size exhibiting at least one transect of at least 120 feet in width. (2) "Forest land" includes forested areas that have been cut but not converted to other land uses. (f) "Forest stewardship plan" means a document written by a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, regarding a parcel of land comprising not less than 5 contiguous forested acres that lists activities that enhance or improve forest resources, including soil, water, timber, recreation, and aesthetics over a 15-year period. (g) "Forestry" or "silviculture" means the science, art, and practice of creating, managing, using, and conserving forests and associated resources for human benefit and in a sustainable manner to meet desired goals, including goals for: (1) Clean air and water; (2) Biodiversity; (3) Wildlife habitat; (4) Fiber production; and (5) Recreation. (h) (1) "Forestry practices" means activities conducted to achieve land management objectives. (2) "Forestry practices" includes: (i) Planting; (ii) Prescribed burning; (iii) Thinning; (iv) Pruning; (v) Harvesting; (vi) Fertilizing; and (vii) Pesticide and herbicide application. (i) "Person" includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity. (j) "Secretary" means Secretary of Natural Resources. (k) "Silvicultural product" or "forest product" means any raw material yielded by a forest, including: (1) Timber; (2) Timber products; and (3) Any other forest materials, such as lumber, poles, pulpwood, firewood, and pine straw. (l) "Sustainable forestry" or "sustainable forestry management" means an internationally accepted and applied stewardship concept for the use of forests and forest lands in a manner and at a rate that maintains a forest's: (1) Biodiversity; (2) Productivity; (3) Regeneration capacity; (4) Nutrient reduction benefits; (5) Vitality; and (6) Ecological, economic, and social purposes at local and national levels that do not cause damage to other ecosystems. (m) "Tree canopy" means the crowns of deciduous and evergreen woody vegetation that is: (1) The product of natural growth or human planting; and (2) Greater than 3 meters in height. (n) "Working landscapes" means: (1) Forest lands that are managed consistently with the requirements of a forest stewardship plan or a forest conservation plan, approved by the Department or a professional forester who is licensed under Title 7, Subtitle 3 of the Business Occupations and Professions Article, that advances sustainable forestry management as defined in subsection (l) of this section; and (2) Agricultural lands that are managed consistently with criteria set forth by the Department of Agriculture. §5-102. IN EFFECT (a) The General Assembly finds that: (1) Forests, streams, valleys, wetlands, parks, and scenic, historic, and recreation areas of the State are basic assets and their proper use, development, and preservation are necessary to protect and promote the health, safety, economy, and general welfare of the people of the State; (2) Enhancing the extent and condition of tree and forest cover in the Chesapeake Bay watershed is critical to the success in restoring the Chesapeake Bay because forests are the most beneficial use of protecting water quality due to their ability to capture, filter, and retain water, as well as absorb pollution from the air; (3) Forests and trees are key indicators of climate change and can mitigate greenhouse gas emissions by carbon sequestration; (4) Forests provide habitat for hundreds of wildlife species, including habitat needed for rare, threatened, and endangered species; (5) Forests are susceptible to environmental degradation caused by natural threats; (6) Forests, like other open space areas, are under intense development-related pressures for residential, commercial, and industrial conversion due to the demands of a growing population; (7) Trees and forests in urban areas provide multiple benefits, including: (i) Mitigation of urban stormwater runoff into the Chesapeake Bay; (ii) Sequestration of carbon; (iii) Avoidance of energy-related emissions; (iv) Mitigation of air pollutants, such as ozone and particulate matter; (v) Reduction of the urban heat island effect; and (vi) Contributions to community livability; (8) Forest land owners, including local government officials responsible for overseeing the management of publicly owned forest lands, could benefit from research-based education outreach programs in order to help facilitate an understanding of sustainable forestry management that is consistent with forest stewardship principles; (9) Forests are a renewable resource that help the State meet its renewable energy goals that are consistent with the State's: (i) Green power goal for State facilities; (ii) Renewable Energy Portfolio Standard; (iii) Healthy Air Act; and (iv) Maryland Clean Energy Incentive Act of 2006; and (10) This title sets forth Maryland's vision for sustaining Maryland's coveted forest lands into the 21st century that is consistent with the 2014 Chesapeake Bay Watershed Agreement and the 2007 Forestry Conservation Initiative. (b) It is the policy of the State to encourage the retention and sustainable management of forest lands by: (1) Achieving no net loss of forest; (2) Affording due consideration to the protection and retention of forests in the State through existing land conservation programs where they have the highest value in terms of promoting the State's compliance with its clean water goals under the 2014 Chesapeake Bay Watershed Agreement and the 2007 Forestry Conservation Initiative; (3) Enhancing the retention of privately owned forest lands through research-based educational outreach efforts to landowners by the State's forest conservancy district boards; (4) Developing financial incentives to encourage landowners to retain and manage their forests sustainably and in a manner that is consistent with a forest stewardship plan, including by allowing landowners to use forests on State lands that are reforested or afforested under Subtitle 16 of this title after July 1, 2022, to satisfy buffer or insurance provisions required by registries or protocols associated with private forest carbon credit transactions; (5) Promoting renewable energy policies and markets with increased emphasis on the use of in-State produced woody biomass; (6) Ensuring dual certification of the State's forests by the Forest Stewardship Council and the Sustainable Forestry Initiative; (7) Recognizing the importance of: (i) A viable forest products industry to the economies of rural Maryland; (ii) Continued development of fiber products; and (iii) Maryland's green infrastructure; and (8) Developing and enhancing programs with a sustainable forestry component, including a forest mitigation banking system, a carbon credit or carbon sequestration program, a clean water credit trading system, an environmental services credit trading program, and a renewable energy credit trading system. §5-102. ** TAKES EFFECT JULY 1, 2026 PER CHAPTER 457 OF 2024 ** (a) The General Assembly finds that: (1) Forests, streams, valleys, wetlands, parks, and scenic, historic, and recreation areas of the State are basic assets and their proper use, development, and preservation are necessary to protect and promote the health, safety, economy, and general welfare of the people of the State; (2) Enhancing the extent and condition of tree and forest cover in the Chesapeake Bay watershed is critical to the success in restoring the Chesapeake Bay because forests are the most beneficial use of protecting water quality due to their ability to capture, filter, and retain water, as well as absorb pollution from the air; (3) Forests and trees are key indicators of climate change and can mitigate greenhouse gas emissions by carbon sequestration; (4) Forests provide habitat for hundreds of wildlife species, including habitat needed for rare, threatened, and endangered species; (5) Forests are susceptible to environmental degradation caused by natural threats; (6) Forests, like other open space areas, are under intense development-related pressures for residential, commercial, and industrial conversion due to the demands of a growing population; (7) Trees and forests in urban areas provide multiple benefits, including: (i) Mitigation of urban stormwater runoff into the Chesapeake Bay; (ii) Sequestration of carbon; (iii) Avoidance of energy-related emissions; (iv) Mitigation of air pollutants, such as ozone and particulate matter; (v) Reduction of the urban heat island effect; and (vi) Contributions to community livability; (8) Forest land owners, including local government officials responsible for overseeing the management of publicly owned forest lands, could benefit from research-based education outreach programs in order to help facilitate an understanding of sustainable forestry management that is consistent with forest stewardship principles; (9) Forests are a renewable resource that help the State meet its renewable energy goals that are consistent with the State's: (i) Green power goal for State facilities; (ii) Renewable Energy Portfolio Standard; (iii) Healthy Air Act; and (iv) Maryland Clean Energy Incentive Act of 2006; and (10) This title sets forth Maryland's vision for sustaining Maryland's coveted forest lands into the 21st century that is consistent with the 2014 Chesapeake Bay Watershed Agreement and the 2007 Forestry Conservation Initiative. (b) It is the policy of the State to encourage the retention and sustainable management of forest lands by: (1) Increasing, as measured every 4 years, the acreage of forest land in the State; (2) Increasing, as measured every 4 years, the acreage of land in the State covered by tree canopy, for land located inside an urban area and outside an urban area; (3) Affording due consideration to the protection and retention of forests in the State through existing land conservation programs where they have the highest value in terms of promoting the State's compliance with its clean water goals under the 2014 Chesapeake Bay Watershed Agreement and the 2007 Forestry Conservation Initiative; (4) Enhancing the retention of privately owned forest lands through research-based educational outreach efforts to landowners by the State's forest conservancy district boards; (5) Developing financial incentives to encourage landowners to retain and manage their forests sustainably and in a manner that is consistent with a forest stewardship plan, including by allowing landowners to use forests on State lands that are reforested or afforested under Subtitle 16 of this title after July 1, 2022, to satisfy buffer or insurance provisions required by registries or protocols associated with private forest carbon credit transactions; (6) Promoting renewable energy policies and markets with increased emphasis on the use of in-State produced woody biomass; (7) Ensuring dual certification of the State's forests by the Forest Stewardship Council and the Sustainable Forestry Initiative; (8) Recognizing the importance of: (i) A viable forest products industry to the economies of rural Maryland; (ii) Continued development of fiber products; and (iii) Maryland's green infrastructure; and (9) Developing and enhancing programs with a sustainable forestry component, including a forest mitigation banking system, a carbon credit or carbon sequestration program, a clean water credit trading system, an environmental services credit trading program, and a renewable energy credit trading system.
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