Ch. 534

LAWS OF MARYLAND

(i) Application for the new, renewed, or
transferred lease was made before December 31, 1984; and

(ii) The proposed site of the leased oyster
bottom:

1.  Has not become a natural oyster bar or
clam bar; and

2.  Is otherwise suitable for [oyster]
SHELLFISH cultivation.

(2) Any lease issued or renewed under this subsection
is considered legitimate for all purposes.

(f) (1) If a person applies to the Department for a lease
of submerged land for oyster cultivation, the Department shall
determine if the submerged land is a productive natural clam bar.

(2)  Notwithstanding any other provision of this
subtitle, if the Department determines that the submerged land is
a productive natural clam bar, the Department may not lease the
submerged land for purposes of oyster cultivation.

(3)  For purposes of this subtitle, the Department may
adopt regulations establishing criteria to denote natural clam
bars as having significant commercial value.

(4)  Before the Department proposes any regulation
under paragraph (3) of this section, the Department shall hold a
public hearing on the proposed regulation.

[4-1109.] 4-11A-06.

(a)  Any person wishing to lease submerged lands of the
State shall apply to the Department for a blank application form.
The applicant shall indicate on the application his place of
residence, the estimated area of the submerged land for which a
lease is sought, and a detailed description of the location of
the land. The applicant prior to filing the application with the
Department shall mark the area applied for with at least one
stake bearing his name.

(b)  Upon receiving the application and a $25 application
fee to cover advertising costs, the Department shall advertise
the application once a week for four successive weeks in a
newspaper published in every county. The advertisement shall
describe the location of the area applied for, the location of
the stake marker, and give the name and residence of the
applicant. The Department may not issue any lease unless it
advertises in this manner. The application fee shall remain with
the Department until final disposition of the application. If an

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