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Ch. 113
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Martin O'Malley, Governor
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(e) (1) The provisions of Title 8 of the Real Property Article do not apply
to leases under this subtitle.
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(2) [Upon] ON a determination under subsection (c) of this section, the
Department shall notify a lessee of the lessee's opportunity to contest the
Department's action in a hearing under Title 10, Subtitle 2 of the State Government
Article.
4-11A-11.
(a) The lessee of any leased oyster bottom shall have exclusive ownership of
and title to all the oysters planted by [him] THE LESSEE or existing on the leasehold.
Lessees shall have the rights to use their lease subject to the following conditions:
(1) Land leased under this subtitle shall be used only for the purpose
of planting and cultivating oysters, OR RESTORING OYSTERS;
(2) Persons may fish on all leased oyster bottoms, if they do not
remove or destroy oysters on the areas; and
(3) A person may not redeem or purchase any leased oyster bottom.
(b) (1) [A] IF A LEASED OYSTER BOTTOM IS USED FOR OYSTER
CULTIVATION, THE lessee may catch oysters at any time from [his] THE leased
[oyster bottom] AREA for private use, planting or cultivating, or for sale for planting
by other lessees.
(2) IF A LEASED OYSTER BOTTOM IS USED FOR OYSTER
RESTORATION, THE LESSEE MAY CATCH OYSTERS AT ANY TIME FROM THE
LEASED AREA AS NECESSARY TO FACILITATE OYSTER RESTORATION,
(e) (1) In Wicomico and Somerset counties, any State resident holding a
current tonging license may catch oysters on any leased oyster bottom USED FOR
CULTIVATION if the State resident first obtains the written permission of the lessee of
the leased oyster bottom.
(2) A lessee or a bona fide representative of a lessee who has written
permission from the lessee is not required to have a tonging license in the Manokin
River.
(d) The season for catching oysters from leased oyster bottoms of the State
for sale shall be between sunrise and sunset of any day, except Sunday, throughout
the year, if the leased oyster bottoms are marked as prescribed in this subtitle.
4-11A-12.
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- 1043 -
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