Non-indigenous Species

(1) It shall be unlawful for any person to release any living organism into coastal waters of the Commonwealth unless authorized to do so by the Director in writing, except that fish taken pursuant to lawful fishing operations or scientific collection may be released immediately back to the area of capture. (2) It shall be unlawful for any person to possess, propagate or hold non–indigenous marine organisms for any purpose in any system with an untreated discharge to surface waters. Any facility desiring to hold non-indigenous organisms for any purpose must submit an operational plan detailing measures designed to prevent the escape or release of organisms or the discharge of biological effluents, including eggs, larvae, parasites and diseases into the marine environment, and an acceptable non-polluting plan for the disposal of carcasses and biological wastes. (a) The Director may issue a Special Scientific Permit to an educational or research institution, or a Class 1 Aquaculture Permit to a commercial aquaculture facility, to hold non- indigenous species, provided that an acceptable operational plan to prevent unintentional releases or escapes is submitted with the application. (b) The Director may issue a Class 1 Ornamental Aquaculture permit to an aquarium shop or hatchery that propagates and/or holds non-indigenous marine organisms for the aquarium trade pursuant to an approved operational plan.