HARRY HUGHES, Governor

2997

BY repealing and reenacting, with amendments,

Article - Natural  Resources

Section 4-1108(d)

Annotated Code of  Maryland

(1983 Replacement   Volume and 1985 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

4-1108.

(d) (1) A leased oyster bottom shall be as rectangularly
shaped as possible. [A tract or parcel of land may not be
leased] THE DEPARTMENT MAY NOT LEASE TO AN INDIVIDUAL OR TO ANY
PERSON ACTING IN CONSORT WITH THAT INDIVIDUAL SO THAT THE
INDIVIDUAL WOULD EXERCISE OPERATIVE CONTROL OVER A TOTAL AMOUNT
OF LEASED LAND in any of the following waters if it falls short
of the minimum area or exceeds the maximum area specified below:

Waters of the Chesapeake Bay

lying outside county

waters..................................5 acres to 500 acres

Tangier Sound............................1 acre to 100 acres

Worcester County.......................1 acre to 50 acres

All other counties........................1 acre to 30 acres

(2) (I) 1. IN WORCESTER COUNTY, A LEASED OYSTER
BOTTOM SHALL BE AS RECTANGULARLY SHAPED AS POSSIBLE, AND SHALL BE
BETWEEN 1 ACRE AND 50 ACRES IN SIZE.EXCEPT AS PROVIDED IN ITEM 2.
OF THIS SUBPARAGRAPH, THE DEPARTMENT MAY NOT LEASE TO ONE PERSON
A TOTAL AMOUNT OF LEASEE OYSTER BOTTOM IN WORCESTER COUNTY
EXCEEDING 50 ACRES.

2. IN WORCESTER COUNTY, 2 OR MORE
INDIVIDUALS MAY WORK IN CONCERT AND HAVE OPERATIVE CONTROL OVER A
TOTAL AMOUNT OF LEASED OYSTER BOTTOM NOT EXCEEDING 200 ACRES. IF

A LESSEE WORKS IN CONCERT WITH OTHER INDIVIDUALS SO THAT THE
LESSEE EXERCISES OPERATIVE CONTROL OVER MORE THAN 200 ACRES OF
LEASED OYSTER BOTTOM, THE INTEREST OF THE LESSEE SHALL REVERT TO
THE STATE AS IF A LEASE HAD NOT BEEN MADE.

(II) NOTWITHSTANDING THE PROVISIONS OF ITEM 2.
OF SUBPARAGRAPH (I), AN INDIVIDUAL WHO WORKS IN CONCERT WITH
OTHER INDIVIDUALS AND HAS OPERATIVE CONTROL OVER MORE THAN 200
ACRES OF LEASED OYSTER BOTTOM IN WORCESTER COUNTY ON JUNE 1,