WILLIAM DONALD SCHAEFER, Governor Ch. 6

the State. However, oysters containing more than 5 percent shells or small oysters
legally taken from privately owned beds outside the State may be admitted [if] IF:

(1) Inspected by the Department prior to storage in a shucking house[,];
and

DRAFTER'S NOTE:

Error: In § 4-1015 of the Natural Resources Article, omitted punctuation
in the introductory paragraph of subsection (d) and incorrect punctuation in
subsection (d)(l).

Occurred: Ch. 4, Acts of the First Special Session of 1973.

4-1102.

(c) Before the Department reclassifies any submerged area of the State from
natural oyster bar, excluded from leasing, to barren bottom permitted to be leased
under the provisions of this subtitle, it shall advertise the time, place, and purpose for
reexamination, once a week for three successive weeks, in a newspaper of general
circulation in every county. The public may be present at the reexamination. If any
person present then offers to make further tests in the presence of employees
designated by the Department, the employees shall witness and make note of the
findings. If upon reexamination the Department proposes to reclassify the area from
natural bar to barren bottom, it first shall hold a public hearing, and the time, place,
and purpose shall be advertised pursuant to the provisions of this subsection. Any
person may appeal the decision of the Department by filing a petition in the circuit
court of the county at any time until 30 days from the date of filing have expired.
Proceedings on appeal shall be pursuant to those procedures set forth in [§ 4-1109 (c)]
§ 4-llA-06(C) OF THIS TITLE with the same rights of appeal from the decision of the
circuit court. A lease of the reclassified area, in whole or part, may not be granted until
the amended chart has been filed in the circuit court of the county and until 30 days
shall have expired from date of filing.

DRAFTER'S NOTE:

Error: Obsolete cross-reference in § 4-1102(c) of the Natural Resources
Article.

Occurred: As a result of Ch. 534, Acts of 1988, which renumbered § 4-1109
of the Natural Resources Article to be § 4-11A-06.

5-409.

(c) Notwithstanding the provisions of this section, the following shall obtain the
permission of an owner before engaging in any act specified in subsection (a) of this
section, but are not required to obtain the permission in writing or to display the written
permission as provided in subsection (b) of this section:

(1) A public service [company] COMPANY, as defined in [subsection]

- 107 -