Maryland Bans Genetically Modified Fish

Alex Dominguez / AP 12apr01

(text of bill below)

BALTIMORE - The governor signed a law banning the raising of genetically modified fish unless they are in ponds or lakes that do not connect to other state waterways.

Growers also must ensure that the fish cannot escape by any other means, such as by birds dropping them after plucking them from the water.

The law signed by Gov. Parris Glendening on Tuesday is believed to be the first of its kind in the nation, said its sponsor, Democratic Delegate Dan Morhaim.

Morhaim said Thursday that he believed it was important to pass a law specifically applying to transgenic species - those whose genes have been modified. State law already regulates raising of hybrids of native species, such as rockfish.

``All the laws that have been written have not included the recent ability we've acquired to manipulate species genetically,'' Morhaim said. ``So, I felt it was necessary to be explicit about that part.''

Genetically modified salmon raised in the Pacific Northwest have been released into the wild and are destroying the native species, he said.

``I thought it was time to act to prevent something like this'' from happening here, he said.

The state currently has about 175 active permits for fish farming, according to a state summary of the bill provided to lawmakers.

Genetic engineering in agriculture involves splicing a gene from one organism, such as a bacterium, into a plant or animal to confer certain traits, such as drought tolerance or insect resistance in plants.

Genetically engineered varieties of soybeans and corn became popular with farmers in the late 1990s and are found in products throughout supermarkets. The Food and Drug Administration is considering whether to allow sales of genetically engineered fish.

Supporters of genetic engineering say the technology is necessary to feed the world's rapidly growing population.

5 Year Ban on GE Fish in Maryland 30mar01

source: http://mlis.state.md.us/2001rs/billfile/hb0189.htm

Sponsored By:

Delegates Morhaim, Hubbard, Cryor, and Guns

Entitled:

Aquaculture Operations - Transgenic and Genetically Altered Species

Synopsis:

 HOUSE BILL 189

Unofficial Copy                                                                                                                                2001 Regular Session

M1                                                                                                                                                                           1lr0539

By: Delegates Morhaim, Hubbard, and Cryor Cryor, and Guns

Introduced and read first time: January 22, 2001

Assigned to: Environmental Matters

Committee Report: Favorable with amendments

House action: Adopted

Read second time: March 14, 2001

 CHAPTER_______

   1  AN ACT concerning

   2                                           Aquaculture Operations - Transgenic Marine Animals and Genetically

   3                                                                           Altered Species

   4  FOR the purpose of prohibiting the Department of Natural Resources from issuing a

   5           permit for the raising of certain transgenic species or genetically altered species

   6           except under certain circumstances; defining a certain term; providing for the

   7           termination of this Act; and generally relating to the raising of certain

   8           transgenic species and genetically altered species in aquaculture operations.

   9  BY adding to

  10          Article - Natural Resources

  11          Section 4-11A-01(i)

  12          Annotated Code of Maryland

  13          (1997 Replacement Volume and 2000 Supplement)

  14  BY repealing and reenacting, with amendments,

  15          Article - Natural Resources

  16          Section 4-11A-02

  17          Annotated Code of Maryland

  18          (1997 Replacement Volume and 2000 Supplement)

  19          SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

  20  MARYLAND, That the Laws of Maryland read as follows:

2                                                                                              HOUSE BILL 189

   1                                                                           Article - Natural Resources

   2  4-11A-01.

   3           (I)            "TRANSGENIC" MEANS AN ORGANISM INTO WHICH GENETIC MATERIAL

   4  FROM ANOTHER ORGANISM HAS BEEN EXPERIMENTALLY TRANSFERRED, SO THAT

   5  THE HOST ACQUIRES THE GENETIC TRAITS OF THE TRANSFERRED GENES.

   6  4-11A-02.

   7           (a)           (1)           The Department shall promulgate by regulation requirements that

   8  are necessary to ensure that aquaculture operations do not adversely impact wild

   9  stocks of fish, including measures for identifying fish as products of an aquaculture

  10  operation. In developing these regulations, the Department shall consult with the

  11  Aquaculture Advisory Committee, established by § 10-1302 of the Agriculture Article,

  12  and incorporate in the regulations public notice provisions in accordance with §

  13  4-11A-06 of this subtitle.

  14                          (2)           The Department may not issue a permit for the raising of nonnative

  15  species, including hybrids of striped bass, or nonnative stocks unless:

  16                                          (i)            The permit limits the aquaculture operation to nontidal ponds,

  17  lakes, or impoundments; and

  18                                          (ii)           The aquaculture operation is constructed in a manner that

  19  assures that nonnative stocks are precluded from entering the tidal waters or

  20  contaminating the native species of the State.

  21                          (3)           THE DEPARTMENT MAY NOT ISSUE A PERMIT FOR THE RAISING OF A

  22  TRANSGENIC SPECIES OR A GENETICALLY ALTERED SPECIES, UNLESS:

  23                                          (I)            THE PERMIT LIMITS THE AQUACULTURE OPERATION TO

  24  WATERS OF THE STATE THAT DO NOT FLOW INTO ANY OTHER BODY OF WATER; AND

  25                                          (II)           THE AQUACULTURE OPERATION IS CONSTRUCTED IN A

  26  MANNER THAT ASSURES THAT TRANSGENIC OR GENETICALLY ALTERED STOCKS ARE

  27  PRECLUDED FROM ENTERING ANY OTHER WATERS OR CONTAMINATING THE

  28  NONTRANSGENIC OTHER AQUATIC SPECIES OF THE STATE.

  29          (b)           A person may not engage in aquaculture unless the person has obtained a

  30  permit from the Department. The permit shall be conditioned upon the person

  31  complying with the regulations promulgated under subsection (a) of this section.

  32          (c)           A permittee under this section shall allow the Department to inspect at

  33  reasonable hours any facilities, equipment, or fish involved in the permittee's

  34  aquaculture operations.

  35          (d)           Except as otherwise provided by law or by regulations adopted by the

  36  Department, all provisions of this title and regulations adopted under this title

  37  applicable to the taking, possession, sale, and transport of finfish do not apply to

3                                                                                              HOUSE BILL 189

   1  finfish that are in or from aquaculture operations in nontidal ponds, lakes, or

   2  impoundments.

   3           SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect

   4  October 1, 2001. It shall remain effective for a period of 5 years and, at the end of

   5  September 30, 2006, with no further action required by the General Assembly, this