WILLIAM DONALD SCHAEFER, Governor                   Ch. 534

(a)  Immediately upon entering into a lease, every lessee
shall designate leased oyster bottoms by plainly marking them
with stakes, buoys, or monuments, under the supervision of AS
SPECIFIED BY REGULATIONS ISSUED BY the Department IN CONSULTATION
WITH THE TIDAL FISHERIES ADVISORY COMMITTEE AND AQUACULTURE
ADVISORY COMMITTEE. The initials of the lessee shall be marked
on at least four stakes, buoys, or monuments MARKERS. The lessee
shall exercise reasonable diligence in maintaining buoys, stakes,
or monuments MARKERS but the temporary loss or destruction of any
buoys, stakes, or monuments MARKERS shall not operate to permit
any unauthorized person to trespass on or remove, destroy, or
disturb oysters on any areas.

(b)  If any leased oyster bed does not have stakes, buoys,
or monuments MARKERS at the 4 corners of the bed, a person,
including the lessee, may not catch oysters from the bed. If the
stakes, buoys, or markers are not in order on any leased oyster
bed, the Natural Resources Police have a duty not to allow a
person to operate or catch oysters in the bed until the corner
markers are replaced.

[4-1114.] 4-11A-11.

(a)  The lessee of any leased oyster bottom shall have
exclusive ownership of and title to all the [oysters]
SHELLFISH 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]

SHELLFISH;

(2)  Residents of the State may fish on all leased
oyster bottoms, if they do not remove or destroy [oysters]
SHELLFISH on the areas; and

(3)  A person may not redeem or purchase any leased
oyster bottom.

(b)  A lessee may catch [oysters] SHELLFISH at any time
from his leased oyster bottom for private use, planting or
cultivating, or for sale for planting by other lessees.

(c)  (1) In Wicomico and Somerset counties, any State
resident holding a current tonging license may catch oysters on
any leased oyster bottom if the State resident first obtains the
written permission of the lessee of the leased oyster bottom.

- 3515 -