§ 4-1103. Natural oyster bars and seed areas
West's Annotated Code of MarylandNatural ResourcesEffective: July 1, 2011
Effective: July 1, 2011
MD Code, Natural Resources, § 4-1103
§ 4-1103. Natural oyster bars and seed areas
(a) The Department shall take measures which in its judgment seem best calculated to increase the productivity or utility of oyster resources in the State, including:
(b) The Department may select and reserve for its own use areas, to be known as seed areas, within the waters of the State for the propagation of seed oysters. The number, size, and location of these areas shall be determined from time to time by the Department. The Department shall, before publication, deliver a notice of reservation, including all applicable reasons for the Department's act, to the Joint Committee on Administrative, Executive, and Legislative Review and publish the notice not less than 30 days before the closing date of any seed area in one newspaper of general circulation in the State and at least one newspaper of general circulation in each county in which the affected waters are located, and on the website of the Department. The Department shall schedule a public hearing on the proposal not less than 15 days before the proposed closing date. The hearing shall be held at the county seat of the county in which the affected waters are located. If the affected waters are located in more than one 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.
(c) The State may sell seed oysters to persons who hold a valid aquaculture or submerged land lease 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.
(d)(1) In addition to the provisions of subsections (b) and (c) of this section concerning the establishment of oyster seed areas and the sale of seed oysters to a leaseholder, the Department may:
Credits
Added by Acts 1973, 1st Sp. Sess., c. 4, § 1, eff. Jan. 1, 1974. Amended by Acts 1974, c. 864, § 3; Acts 1975, c. 536; Acts 1988, c. 6, § 1; Acts 1989, c. 817; Acts 2004, c. 492, § 1, eff. June 1, 2004; Acts 2005, c. 405, § 1, eff. June 1, 2005; Acts 2008, c. 325, § 1, eff. Oct. 1, 2008; Acts 2009, c. 173, § 1, eff. June 1, 2009; Acts 2009, c. 174, § 1, eff. June 1, 2009; Acts 2011, c. 411, § 3, eff. July 1, 2011.
Formerly Art. 66C, § 707.
MD Code, Natural Resources, § 4-1103, MD NAT RES § 4-1103
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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