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<section article="gnr" article_name="Natural Resources" number="4-11A-10" future_version_removed="true" title_number="4" title_name="Fish and Fisheries" subtitle_number="11A" subtitle_name="Aquaculture">
  <level label="a">
    <text>A leaseholder shall:</text>
    <level label="1">
      <text>Subject to subsection (b) of this section, actively use the lease and comply with any standards for planting, harvesting, and use of the leased area established by the Department;</text>
    </level>
    <level label="2">
      <text>Mark each lease area with an 8–inch by 12–inch marker displaying the initials of the leaseholder and posted on a minimum of four poles;</text>
    </level>
    <level label="3">
      <text>Comply with any other marking requirements established by the Department for the protection of navigation;</text>
    </level>
    <level label="4">
      <text>Comply with the regulations established by the Maryland Department of Health in consultation with the Department of the Environment to carry out the mandate of the National Shellfish Sanitation Program; and</text>
    </level>
    <level label="5">
      <text>Pay the rent and the aquaculture development surcharge for the lease at the time established by the Department.</text>
    </level>
  </level>
  <level label="b">
    <text>The Department may waive the requirements for active use of a lease on a showing that conditions not present at the time of execution of the lease, including the unavailability of shellfish seed, prevent active use of the leased area.</text>
  </level>
  <level label="c">
    <text>A leaseholder may not:</text>
    <level label="1">
      <text>Place shellfish, bags, nets, or structures on submerged aquatic vegetation without prior written approval from the Department;</text>
    </level>
    <level label="2">
      <text>Plant or harvest shellfish within 500 yards of any stationary blind or blind site that is occupied and being used for hunting migratory waterfowl;</text>
    </level>
    <level label="3">
      <text>Sublease a lease;</text>
    </level>
    <level label="4">
      <text>Transfer a lease without the approval of the Department;</text>
    </level>
    <level label="5">
      <text>Harvest shellfish outside the hours established by the Department in regulation; or</text>
    </level>
    <level label="6">
      <text>Place unlawfully harvested oysters on a lease.</text>
    </level>
  </level>
  <level label="c–1">
    <text>In approving the placement of shellfish, bags, nets, or structures on submerged aquatic vegetation under subsection (c)(1) of this section, the Department:</text>
    <level label="1">
      <text>May not authorize harvesting by dredge in areas where submerged aquatic vegetation is present;</text>
    </level>
    <level label="2">
      <text>Shall authorize for water column leases the placement of shellfish, bags, nets, or structures in at least 10% of the area where submerged aquatic vegetation is present; and</text>
    </level>
    <level label="3">
      <text>Shall authorize harvest by diving in areas on any submerged land lease where submerged aquatic vegetation is present.</text>
    </level>
  </level>
  <level label="d">
    <text>Shellfish planted or harvested in accordance with a lease issued under this subtitle are subject to inspection by the Department.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>A person who wishes to renew a lease issued under this subtitle or an existing shellfish lease or oyster lease shall submit an application that meets the requirements for an initial application in § 4–11A–09 or § 4–11A–11 of this subtitle.</text>
    </level>
    <level label="2">
      <text>Before the termination or expiration of a lease issued under this subtitle, the leaseholder shall have the right of first refusal with respect to future leases of the leased area.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>The Department may terminate a lease issued under this subtitle for failure to comply with the requirements of this subtitle.</text>
    </level>
    <level label="2">
      <text>The Department shall notify a leaseholder by registered mail of its intention and proposed decision to terminate a lease for failure to comply with the requirements of this subtitle.</text>
    </level>
    <level label="3">
      <text>A leaseholder who wishes to contest the Department’s proposed decision may request a review of the decision by the Secretary, which shall be filed not later than 30 days after receipt of the Department’s decision.</text>
    </level>
    <level label="4">
      <text>Failure of a leaseholder to respond to the Department’s proposed decision within 30 days of the date of the decision shall cause the leasehold to revert to the State.</text>
    </level>
  </level>
  <level label="g">
    <text>In consultation with the Aquaculture Coordinating Council, the Department shall establish by regulation the hours for harvesting shellfish within leased areas.</text>
  </level>
</section>
