Ch. 721

LAWS OF MARYLAND

(2) OLD OYSTER SHELLS THAT ARE DREDGED FROM THE
CHESAPEAKE BAY OR ITS TRIBUTARIES.

(B)  EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION,
ANY COMMERCIAL LICENSED OYSTER PACKER DEALER SHALL RESERVE FOR 8
MONTHS AFTER THE OPENING OF EACH ANNUAL HARVEST SEASON ALL OYSTER
SHELLS OF OYSTERS HARVESTED FROM THE CHESAPEAKE BAY OR ITS
TRIBUTARIES AND COMMERCIALLY SHUCKED IN THE STATE FOR THE USE OF
PURCHASE BY THE DEPARTMENT IN FOR REPLANTING ON PUBLIC OYSTER
AREAS UNLESS THE PACKER DEALER PLANTS THESE OYSTER SHELLS:

(1)  ON PRIVATE LEASED GROUND OR RIPARIAN BOTTOM FOR
THE PROPAGATION OF OYSTERS; OR

(2)  ON PUBLIC OYSTER AREAS DESIGNATED BY THE
DEPARTMENT.

(C)  (1) WITHIN 8 MONTHS AFTER THE OPENING OF EACH ANNUAL
HARVEST SEASON IF THE DEPARTMENT HAS NOT COMPLIED WITH THE
PROVISIONS OF THIS SECTION, A COMMERCIAL OYSTER PACKER DOES NOT
HAVE TO COMPLY WITH THE PROVISIONS OF SUBSECTION (B) OF THIS
SECTION.

(2) ANY CONTRACT CONCERNING PURCHASES OF FRESH OYSTER
SHELL THAT A COMMERCIAL OYSTER PACKER HAS ENTERED INTO BEFORE
JULY 1, 1988;

(I) IS VALID; AND

(II) IS EXEMPT FROM THE PROVISIONS OF THIS
SECTION FOR THE LENGTH OF TIME FOR WHICH THE CONTRACT COVERS.

(D) THE STATE HAS AN IRREVOCABLE RIGHT TO PURCHASE NOT LESS
THAN 50 PERCENT OF THE OYSTER SHELLS THAT ARE TAKEN FROM PUBLIC
OYSTER BARS IN WATERS OF THE STATE DURING ANNUAL OYSTER HARVEST
OPERATIONS.

(E)(1) NATURAL OYSTER SHELL MAY BE TAKEN OUT OF STATE
SUBJECT TO THE CONDITION THAT THE STATE HAS THE FIRST RIGHT OF
PURCHASE AT THE OUT OF STATE SITE.

(2) THE DEPARTMENT SHALL NOTIFY HOLDERS OF OYSTER
SHELL IN WRITING NO LATER THAN 8 MONTHS AFTER THE OPENING OF EACH
ANNUAL HARVEST SEASON FOR OYSTERS WHETHER THE STATE WILL EXERCISE
ITS RIGHT TO PURCHASE NOT LESS THAN 50 PERCENT OF THE OYSTER
SHELLS TAKEN FROM STATE WATERS.

(3) HOLDERS NOTIFIED OF THE STATE'S INTENT TO

PURCHASE SHELLS SHALL: THE DEPARTMENT SHALL DETERMINE WHETHER
SUFFICIENT FUNDS ARE AVAILABLE FOR THE OYSTER SHELL PURCHASE
PROGRAM UNDER THIS SECTION.

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