Ch. 817

LAWS OF MARYLAND

county, the hearing shall be held in that county seat closest to
the affected waters, but if the area affected is totally within
State waters, the hearing shall be held in Annapolis.

(e) [The] EXCEPT AS PROVIDED IN SUBSECTION (F) OF THIS
SECTION, THE State may sell no more than 50 percent of seed
oysters in excess of one million bushels produced annually in
seed areas to citizens who hold valid leases under the provisions
of this subtitle for no less than the prevailing price of seed
oysters of similar quality in nearby states. Conditions of sale
may be prescribed by rule or regulation of the Department. The
proceeds from these sales shall be credited by the Comptroller to
the Fisheries Research and Development Fund.

(F) (1) IN ADDITION TO THE PROVISIONS OF SUBSECTIONS (D)
AND (E) OF THIS SECTION CONCERNING THE ESTABLISHMENT OF OYSTER
SEED AREAS AND THE SALE OF SEED OYSTERS TO A LEASEHOLDER, THE
DEPARTMENT MAY:

(I)  ESTABLISH ADDITIONAL AQUACULTURE SEED AREAS
NOT EXCEEDING A TOTAL AGGREGATE OF 90 ACRES IN THE STATE; AND

(II)  DESIGNATE THE SEED OYSTERS PRODUCED IN
THOSE ADDITIONAL AQUACULTURE SEED AREAS FOR SALE TO LEASEHOLDERS
OR OTHER PERSONS WHO HAVE A RESIDENT OF THE STATE WHO HOLDS A
VALID LEASE OR AN AQUACULTURE PERMIT TO CULTIVATE SHELLFISH; AND

(III)  ADOPT REGULATIONS NECESSARY TO IMPLEMENT
THE PROVISIONS OF THIS SUBSECTION.

(2)  THE DEPARTMENT SHALL CREDIT THE PROCEEDS OF ANY
SALE OF SEED OYSTERS UNDER THIS SUBSECTION TO THE FISHERIES
RESEARCH AND DEVELOPMENT FUND IN THE DEPARTMENT FOR THE BENEFIT
OF THE PUBLIC OYSTER FISHERY.

(3)  THE DEPARTMENT SHALL:

(I)  SELL, AT PREVAILING MARKET PRICES, SEED
OYSTERS PRODUCED IN AN AQUACULTURE OYSTER SEED AREA TO A
LEASEHOLDER OR OTHER PERSON WHO HAS RESIDENT OF THE STATE WHO
HOLDS A VALID LEASE OR AN AQUACULTURE PERMIT TO CULTIVATE
SHELLFISH;

(II)  USE ANY REVENUE DERIVED FROM THE SALE OF
SEED OYSTERS TO REIMBURSE THE FISHERIES RESEARCH AND DEVELOPMENT
FUND FOR ANY EXPENDITURE NEEDED TO CREATE THE AQUACULTURE OYSTER
SEED AREAS UNDER THIS SUBSECTION; AND

(III)  CREDIT ANY NET PROCEEDS FROM THE SALE OF
SEED OYSTERS REMAINING, AFTER REIMBURSEMENT IS MADE UNDER
SUBPARAGRAPH (II) OF THIS PARAGRAPH, TO THE EXCLUSIVE USE OF THE
PUBLIC OYSTER FISHERY.;

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