WILLIAM DONALD SCHAEFER, Governor                   Ch. 721

(2)  THE DEPARTMENT SHALL NOTIFY EVERY LICENSED OYSTER
DEALER NOT LATER THAN SEPTEMBER 1 OF EACH YEAR WHETHER THE OYSTER
SHELL PURCHASE PROGRAM WILL BE CARRIED OUT DURING THE ENSUING
LICENSE YEAR.

(3)  IF THE DEPARTMENT DOES NOT NOTIFY LICENSED OYSTER
DEALERS THAT THE OYSTER SHELL PURCHASE PROGRAM WILL BE CARRIED
OUT DURING THE ENSUING LICENSE YEAR, A LICENSED OYSTER DEALER MAY
SELL OR DISPOSE OF FRESH OYSTER SHELL AT ANY TIME TO ANY PERSON
FOR ANY LAWFUL PURPOSE.

(I) MAKE THE SHELLS AVAILABLE TO THE DEPARTMENT
OR ITS AGENTS; OR

(II) PAY A NATURAL RESOURCES DEPLETION TAX OF
$1.50 PER BUSHEL.

(4)  THE DEPARTMENT SHALL:

(I)  ESTABLISH PROCEDURES FOR THE EXPEDITIOUS
NOTICE, PAYMENT, AND REMOVAL OF SHELLS PURCHASED; AND

(II)  PROVIDE FOR THE TRANSPORTATION, STORAGE,
AND PLACEMENT ON PUBLIC OYSTER BARS IN STATE WATERS.

(D)  ALL EXISTING CONTRACTS EXECUTED PRIOR TO JULY 1, 1988
CONCERNING THE PURCHASE OF OYSTER SHELL SHALL BE VALID AND EXEMPT
FROM THE PROVISIONS OF THIS SECTION FOR THE LENGTH OF TIME FOR
WHICH THE CONTRACT COVERS.

(E)  UNLESS PERMISSION HAS BEEN OBTAINED FROM THE
DEPARTMENT, IT SHALL BE UNLAWFUL FOR ANY PERSON TO TAKE OR CATCH
OYSTERS OR SHELL IN ANY OF THE WATERS OF THE STATE FOR THE
PURPOSE OF CONVERTING THE OYSTERS OR SHELL INTO LIME,
CHICKENMEAL, OR ROAD CONSTRUCTION MATERIALS.

(F)  (1) IN CONSULTATION WITH THE MARYLAND OYSTER PACKERS,
THE DEPARTMENT SHALL DETERMINE ANNUALLY THE FAIR MARKET VALUE
THAT THE DEPARTMENT PAYS FOR FRESH OYSTER SHELLS.

(2) HOWEVER, THE DEPARTMENT SHALL PAY NOT MORE THAN
25 CENTS PER BUSHEL OF OYSTER SHELLS TO THE HOLDER OF THE SHELLS
AT THE SITE WHERE THE SHELLS ARE KEPT.

(3) IN LIEU OF PAYMENT UNDER PARAGRAPH (2) OF THIS
SUBSECTION, THE DEPARTMENT MAY GRANT TAX CREDITS OR INCENTIVES TO
OYSTER PACKERS WHO RETURN OYSTER SHELLS TO THE TIDAL WATERS OF
THE STATE.

(G) A PERSON MAY NOT SELL FRESH OYSTER SHELLS TO ANOTHER
PERSON FOR ANY PURPOSE THAT IS CONTRARY TO THE PROVISIONS OF THIS
SECTION.

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