Ch. 534

LAWS OF MARYLAND

submerged lands in Charles County does not seed with oysters
within a period of three years, the lease shall terminate.]

(2)  THE DEPARTMENT SHALL ADOPT RULES AND REGULATIONS
THAT REQUIRE A LEASEHOLDER TO ACTIVELY UTILIZE THE LEASED AREA
WITHIN A PERIOD OF 5 YEARS BY PLANTING SHELL OR SHELLFISH ON
LEASED BOTTOM ANY 5-YEAR PERIOD COMMENCING JULY 1, 1988, OR THE
EFFECTIVE DATE OF A LEASE AFTER JULY 1, 1988. THE DEPARTMENT MAY
ALLOW A LONGER PERIOD THAN 5 YEARS UPON A SHOWING THAT NATURAL
CONDITIONS, INCLUDING UNAVAILABILITY OF OYSTER SHELL OR SEED,
PREVENTED UTILIZATION.

(3)  IF A LEASEHOLDER FAILS TO ACTIVELY UTILIZE LEASED
BOTTOM IN ACCORDANCE WITH REGULATIONS PROMULGATED UNDER PARAGRAPH
(2) OF THIS SUBSECTION, THE LEASEHOLD SHALL REVERT TO THE STATE
AND MAY BE LEASED AGAIN.

(D) A LEASE MAY NOT BE INVALIDATED IN ANY WAY BY FACTS
DETERMINED IN ANY RESURVEY UNDER § 4-1102 OF THIS TITLE UNLESS
THE LESSEE FORFEITS HIS LEASE VOLUNTARILY, FAILS TO PAY RENTAL OR
OTHER FEES, OR FAILS TO ACTIVELY UTILIZE THE LEASE AREAS WITHIN A
PERIOD OF 5 YEARS.

[4-1111.] 4-11A-08.

Every fee, fund, and revenue derived from the administration
of the provisions of this subtitle relating to private oyster
culture shall be paid to the Comptroller of the Treasury to be
credited to the Fisheries Research and Development Fund.

[4-1112.] 4-11A-09.

(a)  A recording fee of $5 shall accompany every application
for assignment or transfer of any interest acquired under this
subtitle.

(b)  A person may not assign or transfer any interest
acquired by this subtitle to a nonresident of the State. An
assignment to a nonresident is not valid for any purpose and, if
attempted, any interest of the grantor or assignor reverts to the
State as if a lease had not been made.

(c)  [If a person attempts to assign any interest created
by this subtitle to any corporation or joint-stock company, the
interest of the grantor or assignor shall revert to the State as
if a lease had not been made.—}- If a person attempts to assign
any interest created by this subtitle to any person so that the
assignee holds acreage exceeding the maximum limits permitted by
[§ 4-1108] § 4-11A-05 of this article, the interest of the
grantor or assignor shall revert to the State as if a lease had
not been made.

[4-1113.] 4-11A-10.

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