WILLIAM DONALD SCHAEFER, Governor Ch. 817

WHEREAS, Oyster seed is not readily available for
aquaculture purposes in the State; and

WHEREAS, it is the intent of the General Assembly to
encourage the development of oyster production by aquaculture;
and

WHEREAS, It is also the intent of the General Assembly that
oyster seed be available for private purposes in order to enhance
but not compete with the State's oyster industry; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

4-209.

(A)  There is a Fisheries Research and Development Fund in
the Department.

(B)  Any money the State Comptroller receives under the
provisions of this title from commercial licenses, permits, and
service fees, taxes, and royalties paid to the State for oyster
shells and clam shells removed from the bottom beneath the tidal
waters of the State, FROM THE SALE OF SEED OYSTERS UNDER § 4-1103
OF THIS TITLE, or any source, together with any fine or
forfeiture collected under § 4-1202 of this title, shall be
credited to the Fisheries Research and Development Fund.

(C)  Subject to the limitations described in §§ 4-1020,
4-1028 and 4-1035, the Fund shall be used for replenishing
fisheries resources, related research, and to match federal funds
available for research and development of fisheries resources.

4-1103.

(d) The Department may select and reserve for its own use
areas, to be known as seed areas, within the waters of the State
for the propagation of seed oysters. The number, size, and
location of these areas shall be determined from time to time by
the Department. However, no more than 5 percent of the natural
oyster bars of the State shall be designated as seed areas. The
first million bushels of seed oysters produced in seed areas
shall be planted on the natural oyster bars of the State. The
Department shall publish a notice of reservation not less than 30
days before the closing date of any seed area in one newspaper of
general circulation in the State and at least one newspaper of
general circulation in each county of the State. The Department
shall schedule a public hearing on the proposal not less than 15
days before the proposed closing date. The hearing shall be held
at the county seat of the county in which the affected waters are
located. If the affected waters are located in more than the

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