748                                       LAWS OF MARYLAND                             [Ch. 4

STAKES, OR MONUMENTS BUT THE TEMPORARY LOSS OR
DESTRUCTION OF ANY BUOYS, STAKES, OR MONUMENTS SHALL
NOT OPERATE TO PERMIT ANY UNAUTHORIZED PERSON TO
TRESPASS ON OR REMOVE, DESTROY, OR DISTURB OYSTERS ON
ANY AREAS.

REVISOR'S NOTE: This section presently appears as
Article 66C, section 708(p) of the Code.
In the last sentence "monuments" has teen
added to references to "buoys or stakes" to
maintain consistency with the preceding
provision.

The provision making tampering with buoys,
stakes, or monuments a crime is proposed
for deletion in light of the uniform
penalty provision. The last sentence is
also proposed for deletion because its
substance is set forth in proposed section
4-1118(b) of this Article. The only other
changes made are in style.

4-1114. RIGHTS OF LESSEE; EXCEPTION FOR WICOMICO AND
SOMERSET COUNTIES.

(A)   NATURE OF LEASE. - THE LESSEE OF ANY LEASED
OYSTER BOTTOM SHALL HAVE EXCLUSIVE OWNERSHIP OF AND
TITLE TO ALL THE OYSTERS PLANTED BY HIM OR EXISTING ON
THE LEASEHOLD. A LANDLORD-TENANT RELATIONSHIP SHALL
EXIST BETWEEN THE STATE AND LESSEE AS LONG AS THE
LEASE IS EFFECTIVE. BOTH PARTIES SHALL HAVE ALL THE
RIGHTS AND PRIVILEGES OF LANDLORD AND TENANT AS
DEFINED IN THE LAWS OF MARYLAND, SUBJECT TO THE
FOLLOWING CONDITIONS:

(1)    LAND LEASED UNDER THIS SUBTITLE SHALL
BE USED ONLY FOR THE PURPOSE OF PLANTING AND
CULTIVATING OYSTERS;

(2)   RESIDENTS OF THE STATE MAY FISH ON ALL
LEASED OYSTER BOTTOMS, IF THEY DO NOT REMOVE OR
DESTROY OYSTERS ON THE AREAS; AND

(3)   A PERSON MAY NOT REDEEM OR PURCHASE
ANY LEASED OYSTER BOTTOM.

(B)    LESSEE MAY TAKE OYSTERS FROM LEASED OYSTER
BOTTOM AT ANY TIME. - A LESSEE MAY CATCH OYSTERS AT
ANY TIME FROM HIS LEASED OYSTER BOTTOM FOR PRIVATE
USE, PLANTING OR CULTIVATING, OR FOR SALE FOR PLANTING
BY OTHER LESSEES.