Right to engage in seafood business

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    (a)    Subject to subsection (b) of this section, the governing body of a county may adopt an ordinance, a resolution, or a regulation or take any other action that the governing body considers necessary to authorize a person to:

        (1)    use the person’s property to operate a seafood business;

        (2)    harvest seafood;

        (3)    buy or sell seafood;

        (4)    store equipment used in the person’s seafood business; and

        (5)    enjoy the quiet conduct of the person’s seafood business.

    (b)    (1)    Before adopting an ordinance, a resolution, or a regulation under subsection (a) of this section, the governing body of the county shall:

            (i)    hold a public hearing on the proposed ordinance, resolution, or regulation;

            (ii)    provide reasonable notice of the hearing; and

            (iii)    obtain the written consent of the Secretary of Natural Resources.

        (2)    An ordinance, a resolution, or a regulation adopted without the written consent of the Secretary of Natural Resources is void.

    (c)    In the event of a conflict, federal law, State law, or written program guidance issued by a unit of the federal or State government shall preempt an ordinance, a resolution, or a regulation adopted or any other action taken under this section.


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