MARVIN MANDEL, Governor                                      599

4-406. LEASED WATER OR LAND.

(A)   APPLICATION OF OWNER FOR REFUGE. - IF A
PERSON WHO OWNS OR CONTROLS ANY SUITABLE AREA OF WATER
OR LAND DESIRES TO HAVE IT SET ASIDE AS A FISH REFUGE,
HE MAY APPLY TO THE DEPARTMENT, GIVING A DESCRIPTION
OF THE AREA OF WATER OR LAND, INCLUDING A SPECIFIC
LOCATION, MAP, OR SKETCH SHOWING AN OUTLINE OF THE
AREA OF WATER OR LAND AND THE LOCATION OF ANY
STRUCTURE OR IMPROVEMENT, AND THE NATURE OF THE AREA
OF LAND OR WATER, SUCH AS WOODLAND, ABANDONED FARM
LAND, OR CULTIVATED LAND, OR LAKE, POND, MARSH, OR
IMPOUNDED STREAM.

(B)   EXECUTION AND CONTENTS OF LEASE. - THE
DEPARTMENT MAY EXAMINE THE AREA OF WATER OR LAND TO
DETERMINE IF IT IS SUITABLE FOR FISH PROTECTION AND
MANAGEMENT. IF THE AREA OF WATER OR LAND IS
ACCEPTABLE AS A FISH REFUGE, THE DEPARTMENT SHALL
NOTIFY THE OWNER OF THIS FACT. THE OWNER SHALL SIGN A
LEASE VESTING THE STATE WITH EVERY FISHING RIGHT IN
THE AREA WITHOUT CHARGE. THE LEASE ALSO SHALL PROVIDE
THAT NEITHER THE OWNER, HIS FAMILY, AGENTS, TENANTS,
NOR ANY OTHER PERSON MAY FISH IN THE AREA OF WATER OR
LAND AND THAT, HE WILL MAKE EVERY EFFORT TO PROTECT
THE FISH REFUGE FROM FOREST FIRES, FISHING, OR ANY
VIOLATION OF ANY STATE CONSERVATION LAW. THE LEASE OR
AGREEMENT SHALL CONTINUE IN FORCE FOR AN UNINTERRUPTED
PERIOD OF AT LEAST 5 YEARS.

(C)   EFFECT OF SALE OF PROPERTY UPON WHICH NO
CHARGE IS MADE; TERMINATION OF LEASE. - IF THE PERSON
WHO OWNS OR CONTROLS THE AREA OF WATER OR LAND NAMED
IN ANY LEASE ON WHICH THERE IS NO CHARGE SELLS THE
AREA OF WATER OR LAND, THE AREA IS RELEASED FROM THE
OPERATION OF THE LEASE UNLESS THE PURCHASER AGREES TO
ALLOW IT TO REMAIN UNDER THE LEASE. EITHER THE
DEPARTMENT OR THE OWNER OF THE AREA OF WATER OR LAND
MAY RESCIND ANY LEASE FOR WHICH THERE IS NO CHARGE
MADE PURSUANT TO THIS SECTION AFTER GIVING 90 DAYS
WRITTEN NOTICE OF INTENT TO TERMINATE THE LEASE TO THE
OTHER PARTY.

REVISOR'S NOTE: This section is new language
derived from Article 66C, section 192 of
the Code.

4-407. RULES AND REGULATIONS.

THE DEPARTMENT MAY ADOPT AND PROMULGATE, AND
POST, RULES AND REGULATIONS FOR THE PROPER USE AND