Key Maryland Oyster Aquaculture Developments

Maryland shellfish growers, leaseholders, dealers, and prospective aquaculture operators should take note of several recent actions. The most immediate developments are a new permit-suspension and revocation regime effective October 1, 2026; continued authority for certain aquaculture activities in areas containing submerged aquatic vegetation (SAV); new state-backed financing; and a proposed declaration requirement for licensed harvesters who sell their own oysters. Maryland also updated its shellfish-sanitation regulations to incorporate the 2023 National Shellfish Sanitation Program (NSSP) Guide.

Taken together, the actions reflect a dual focus on supporting oyster aquaculture growth and strengthening lease compliance, traceability, and food safety controls.

New Laws

• Stronger Aquaculture Enforcement (Senate Bill 166). Effective October 1, 2026, the Maryland Department of Natural Resources (DNR) must suspend or revoke a shellfish aquaculture harvester permit or registration card after an administrative hearing determines that the holder knowingly committed a listed offense. A first violation may result in a suspension of up to five years; a second or subsequent violation results in revocation. Covered conduct includes unauthorized harvest from a leased area, deliveries more than one hour after the deadline established under Maryland's Vibrio parahaemolyticus (Vp) Control Plan, commercial harvest from public grounds without authorization, and planting unlawfully taken public-fishery oysters on an aquaculture lease. During a suspension or revocation, the person may not engage in or work in any aquaculture activity. 2026 Md. Laws, ch. 305; Md. Code Ann., Nat. Res. § 4-1212(b)-(e) (effective Oct. 1, 2026); see also COMAR 10.15.07.06.
• SAV-Related Operational Flexibility (House Bill 784). Effective June 1, 2026, and extended through June 30, 2030, Maryland extended the statutory pathway allowing certain leaseholders, with DNR's prior written approval, to place shellfish, bags, nets, and structures in leased areas containing SAV. The extension preserves an important operational option for leases affected by SAV growth, but does not eliminate the approval process or other applicable conditions. DNR may not authorize dredge harvesting where SAV is present. 2026 Md. Laws, ch. 255; Md. Code Ann., Nat. Res. § 4-11A-10(c), (c-1).
• New Financial Assistance (Senate Bill 558). Effective July 1, 2026, the Maryland Seafood Industry Financial Assistance Fund authorizes the Maryland Agricultural and Resource-Based Industry Development Corporation (MARBIDCO) to provide loans and other financial assistance to commercial watermen and small seafood businesses. MARBIDCO announced a Shellfish Aquaculture Disaster Relief Loan Program that opened August 3, offering $10,000 zero-interest loans to eligible shellfish aquaculture producers for personal and business expenses associated with oyster-farming operations. 2026 Md. Laws, ch. 552; Md. Code Ann., Econ. Dev. § 10-526.1. The deadline to apply is August 31, 2026, and the application is available here. Another relief loan program, the Commercial Oyster Harvester Disaster Relief Loan, recently closed its second round of applications on August 7.

Regulatory and Food-Safety Developments

• Proposed Direct-Sale Declaration COMAR 08.02.08.09. DNR has proposed requiring a harvester who sells the harvester's own oysters or clams, is licensed under Natural Resources Article § 4-701, and is certified by the Maryland Department of Health (MDH) to sell shellfish to declare an intent to deal in shellfish and provide the harvester's MDH certification number. DNR states that the proposal would improve tracking of the first commercial transaction, including origin, tagging, time-and-temperature compliance, harvest reporting, and applicable oyster taxes. The comment period closed on July 27, 2026. Proposed amendment to COMAR 08.02.08.09D(2), 53:13 Md. R. 592 (June 26, 2026).
• Updated NSSP Incorporation COMAR 10.15.07.01. Effective February 2, 2026, MDH amended its shellfish-sanitation regulations to incorporate the 2023 revision of the NSSP Guide. Aquaculture businesses that also operate as certified shellfish dealers or processors should confirm that their HACCP plans, tagging, records, handling, and time-and-temperature procedures reflect the updated requirements. COMAR 10.15.07.01; 53:2 Md. R. 61 (Jan. 23, 2026).

Next Steps

Current and prospective Maryland oyster aquaculture operators should review lease-boundary and authorized-harvester controls; verify harvest delivery and temperature-control procedures against COMAR 10.15.07.06; retain written DNR approvals for work in SAV-affected areas; evaluate MARBIDCO financing; and determine whether direct-sale activities would fall within DNR's pending declaration proposal. Operators should also monitor DNR and MDH implementation materials before the October 1 enforcement provisions take effect.

Beveridge & Diamond advises seafood and aquaculture businesses on state and federal permitting, leasing, food-safety compliance, enforcement, and project development.