MARVIN MANDEL, Governor                                       733

WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN EVERY
COUNTY.

(C)    RECLASSIFICATION OF NATURAL OYSTER BEDS;
PUBLIC HEARINGS. - 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) 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.

(D)   LEASE NOT INVALIDATED. - NOTWITHSTANDING ANY
PROVISIONS OF THIS SECTION, A LEASE MAY NOT BE
INVALIDATED IN ANY WAY BY FACTS DETERMINED IN ANY
RESURVEY UNLESS THE LESSEE FORFEITS HIS LEASE
VOLUNTARILY OR FAILS TO PAY RENTAL OR OTHER FEES.

REVISOR'S NOTE: Subsections (a) and (b) presently
appear as Article 66C, section 708(c) of
the Code. The word "clam bar" in
subsection (a) is used instead of "clam
bed" to maintain consistency with the
definition of "natural clan bar" appearing
in this subtitle. The reference to "crab
beds" is proposed for deletion; because it
is a misnomer. Crabs are not sedentary, as
clans and oysters are, and, therefore,
never congregate in a particular area so as
to create a bed. The definition of natural
oyster bar and natural clan bar in the
present subsection also are proposed for