|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 114
|
|
|
|
|
|
2007 Laws of Maryland
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(3) (I) The Department shall adopt regulations and condition each
lease to require a leaseholder to actively utilize the leased area [within] within:
1. for oyster OR CLAM cultivation, any 3 year
period commencing July 1, 1990, or the effective date of a lease after July 1, 1990; OR
2. For oyster restoration, 1 year after the
effective date of the lease.
(II) The Department may allow a longer period than 3 years
[upon] for the cultivation or 1 year for the restoration of the
leased area on a showing that natural conditions, including unavailability of
oyster shell or seed, prevented utilization.
(4) If a leaseholder fails to actively utilize leased bottom in accordance
with regulations promulgated under [paragraph (2)] paragraph (3) of this
subsection, the leasehold shall revert to the State and may be leased again. A
leaseholder shall maintain records documenting activities which show that the lease is
being used for shellfish production as required by the Department.
(d) A lease may not be invalidated in any way by facts determined in any
resurvey under § 4-1102 of this title unless the lessee forfeits [his] THE .LESSEE'S
lease voluntarily, fails to pay rental or other fees, or fails to actively utilize the lease
areas [within a period of 3 years] under subsection (C)(3) of this section.
(e) (1) The provisions of Title 8 of the Real Property Article do not apply
to leases under this subtitle.
(2) [Upon] ON a determination under subsection (e) 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
of planting and cultivating oysters, OR restoring oysters;
(2) Persons may fish on all leased oyster bottoms, if they do not
removed or destroy oysters on the areas; and
|
|
|
|
|
|
|
|
|
|
- 1056 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
