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Ch. 114
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Martin O'Malley, Governor
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(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.
(a) A lessee may plant, cultivate, sow, or protect oysters, or restore
oysters, only of the species known as Crassestrea virginica in the waters of the
State.
4-11A-13.
(a) A lessee may cultivate or remove oysters planted on [his] the lessee's
leased oyster bottom in any manner [he] the lessee deems proper, if [he] the
lessee complies with the provisions of this subtitle relating to dredging and tonging
when transplanting oysters or catching them for commercial purposes.
(b) Each lessee shall keep accurate records concerning the seeding and
planting of cultch and oysters on, and the harvesting, and selling of oysters from [his]
the lessee's leased oyster bottom. Each lessee shall report this information to the
Department on forms the Department prescribes.
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- 1057 -
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