Ch. 41 LAWS OF MARYLAND

(2) Upon receiving the application and a [$25 application fee to cover
advertising costs, the Department shall advertise the application once a week for four
successive weeks in a newspaper published in every county] $300 FEE, THE
DEPARTMENT MAY SHALL CONDUCT A RESOURCE SURVEY OF THE
PROPOSED LEASE SITE. THE DEPARTMENT MAY SHALL DENY A LEASE
APPLICATION WITHOUT FURTHER ACTION ON THE APPLICATION IF THE
SURVEY RESULTS INDICATE THAT THE SITE IS A NATURAL CLAM OR
OYSTER BAR AS SPECIFIED BY THE CRITERIA IN THE DEPARTMENT'S
REGULATIONS OR THIS SUBTITLE.

(3) ANY APPLICATION FOR AN AREA WHICH IS NOT INITIALLY
DETERMINED TO BE A NATURAL OYSTER OR CLAM BAR SHALL BE
ADVERTISED IF THE RESULTS OF THE SURVEY CONDUCTED UNDER
PARAGRAPH (2) OF THIS SUBSECTION DO NOT INDICATE THAT THE SITE
IS A NATURAL CLAM OR OYSTER BAR, THE DEPARTMENT SHALL
PROCEED WITH ADVERTISING THE APPLICATION ONCE A WEEK FOR 4
SUCCESSIVE WEEKS IN A NEWSPAPER PUBLISHED IN THE COUNTY OR
COUNTIES WHERE THE PROPOSED LEASE IS TO BE LOCATED. The
advertisement shall describe the location of the area applied for, the location of the
stake marker, and give the name and residence of the applicant. [The Department may
not issue any lease unless it advertises in this manner. The application fee shall remain
with the Department until final disposition of the application. If an applicant is not
granted a lease for any reason the application fee shall be returned to the applicant.]

(d) Immediately after the termination of the respective periods prescribed for
the filing of petitions or appeals, or immediately after the final decision upon any
protest or appeal the Department shall notify the applicant by letter that it is ready to
issue the lease. [Upon payment of a recording fee of $5 and a fee of $20 to cover
surveying costs, the] THE Department shall [accurately survey the] CONDUCT A
SURVEY AND MARK THE LOCATION OF THE LEASED area, execute a lease,
enter the lease upon a book to be known as the "Register of Titles to Oyster Lands,"
and mail the lease to the applicant for his signature.

4-11A-07.

(a) [The] EXCEPT AS PROVIDED IN SUBSECTION (C)(2) OF THIS
SECTION THE term of leases for submerged lands shall be 20 years at an annual rent
the Department deems proper and commensurate with the value of the leased land.

(b) If the Department ascertains that any leased area is affected by
environmental factors which destroy or seriously impede the culture and growth of
oysters and threaten the potential of the area for continued oyster production, it may
reduce or abate the annual rent by an amount and for a period the Department deems
equitable and reasonable in view of the degree of damage.

(c) (1) IN THIS SUBSECTION, "UTILIZE" INCLUDES THE PLANTING
OR HARVESTING OF NOT LESS THAN 25 BUSHELS OF OYSTERS OR 25 BAGS
OF CLAMS PER LEASE DURING 1 YEAR OF EACH 3-YEAR PERIOD.

(1) (2) If any part of the rent required by a lease remains unpaid for

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