MARVIN MANDEL, Governor                                      735

THE CATCHING OF OYSTERS ON NATURAL OYSTER BARS
WHENEVER IN ITS JUDGMENT THESE MEASURES WILL INCREASE
THE PRODUCTIVITY OR UTILITY OF THESE AREAS. THE
DEPARTMENT MAY PLANT OYSTERS, SHELLS, OR OTHER CULTCH
OR TAKE ANY OTHER RESTORATIVE MEASURES, WHICH IT DEEMS
ADVISABLE, ON NATURAL OYSTER BARS. THE DEPARTMENT
SHALL PUBLISH A NOTICE OF INTENT TO CLOSE ANY AREA OF
A NATURAL OYSTER BAR NOT LESS THAN 30 DAYS PRIOR TO
THE PROPOSED CLOSING DATE IN ONE OR MORE NEWSPAPERS 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 ONE COUNTY THEN THE HEARING SHALL BE HELD IN THAT
COUNTY SEAT CLOSEST TO THE AFFECTED WATERS. IF THE
AREA AFFECTED IS TOTALLY WITHIN STATE WATERS, THEN THE
HEARING SHALL BE HELD IN ANNAPOLIS.

(C)   REOPENING AREA. - THE DEPARTMENT MAY REOPEN
AN AREA IF IT DETERMINES REOPENING IS ADVISABLE. AN
AREA SHALL BE REOPENED BY NOTICE OF REOPENING
PUBLISHED IN THE SAME NEWSPAPERS THAT PUBLISHED ANY
CLOSING NOTICES. HOWEVER, AN AREA MAY NOT BE REOPENED
UNTIL A LAPSE OF 48 HOURS FROM THE PUBLICATION OF THE
NOTICE OF REOPENING.

(D)     AREAS RESERVED FOR PROPAGATION. - 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 FIVE 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. AT LEAST 50 PERCENT OF THE
SEED OYSTERS REMOVED IN ANY YEAH FROM ANY SEED AREA TO
BE PLANTED ON ANY NATURAL OYSTER BAR SHALL BE PLANTED
ON THE NATURAL OYSTER BARS OF THE COUNTY IN WHICH THAT
SEED AREA IS LOCATED. 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