The Department may acquire, by purchase, lease, condemnation, or gift, title or control of any area of water or land in the State suitable to protect, propagate, or manage fish. The area of water or land shall be known as a State fish refuge. Any area of water or land in Garrett County or Allegany County greater than 100 acres may be acquired only with the approval of that county. This requirement does not apply to any areas which have previously been authorized for acquisition by the General Assembly. The Department may purchase or erect any structure necessary for fish management, and may purchase or lease any area of water or land, excluding the ownership of and the right to drill any mineral, oil, or gas.

The title to any area of water or land acquired by purchase, gift, or condemnation shall be taken in the name of the State for the Department’s use. The entire control of the area of water or land shall be under the State’s direction. The Secretary may expend from the State Fisheries Management and Protection Fund any amount necessary to purchase or condemn an area of water or land.

If the Department considers it in the State’s best interest and the Governor consents, it may exchange any area of water or land or part it owns, together with any improvement on it, for any privately owned area of water or land equal to or greater in value than the area of water or land the Department exchanges and adapts for fish refuge and management. Also, the Department may sell any area of water or land or part it owns to the person who offers the highest price. The Department may use the acquired area of water or land as a State park. The Attorney General shall prepare any deed necessary to complete the exchange or sale of the area of water or land. The Secretary shall execute the deed. The proceeds of any sale shall be deposited with the State Comptroller and placed to the credit of the State Fisheries Management and Protection Fund.

An acquired area of water or land may be used to create and maintain State fish refuges, or for fish management. The Department may grant a right-of-way on or across any acquired area of water or land if the grant does not adversely affect the protection and management of fish. The Department may appoint a caretaker of the area of water or land and make an agreement with the caretaker for proper care and management of the fish refuge.

The Department may establish and maintain any State fish refuge to protect and propagate fish throughout the State. The Department may locate, with the consent of the Governor and of the superintendent in charge of any federally or State–owned area of water or land, any State fish refuge on State–owned or federally–owned water or land. The boundaries of each fish refuge shall be clearly marked. At each refuge boundary, a notice shall be posted in a conspicuous place informing the public the area of water or land is a “State fish refuge – fishing is unlawful”, and any other information or rules and regulations the Department considers advisable.

If a person who owns or controls any suitable area of water or land desires to have it set aside as a fish refuge, he may apply to the Department, giving a description of the area of water or land, including a specific location, map, or sketch showing an outline of the area of water or land and the location of any structure or improvement, and the nature of the area of land or water, such as woodland, abandoned farmland, or cultivated land, or lake, pond, marsh, or impounded stream. The Department may examine the area of water or land to determine if it is suitable for fish protection and management. If the area of water or land is acceptable as a fish refuge, the Department shall notify the owner of this fact. The owner shall sign a lease vesting the State with every fishing right in the area without charge. The lease also shall provide that neither the owner, his family, agents, tenants, nor any other person may fish in the area of water or land and that, he will make every effort to protect the fish refuge from forest fires, fishing, or any violation of any State conservation law. The lease or agreement shall continue in force for an uninterrupted period of at least 5 years. If the person who owns or controls the area of water or land named in any lease on which there is no charge sells the area of water or land, the area is released from the operation of the lease unless the purchaser agrees to allow it to remain under the lease. Either the Department or the owner of the area of water or land may rescind any lease for which there is no charge made pursuant to this section after giving 90 days written notice of intent to terminate the lease to the other party.

The Department may adopt and promulgate, and post, rules and regulations for the proper use and administration of any State fish refuge it controls or owns.

The Department may erect and maintain any suitable fish hatchery, nursery, pond, or rearing station to propagate fish in order to manage the waters of the State. Hatcheries, nurseries, ponds, and rearing stations shall be maintained by Department funds.

The Department may catch any game and freshwater fish from the waters of the State, including any pond, lake, or canal, publicly or privately owned, in order to propagate in captivity and distribute into public waters brood stock, fry, or fingerlings to manage the fish.

This section is intended to protect the State in its objective to propagate and manage fish on fish refuges, lands, and waters controlled by the Department. An unauthorized person may not enter or trespass on or destroy, deface, or damage any fish refuge or lands acquired for fish ponds or hatcheries without the consent of the Department. A person may not allow any dog, domestic stock, or poultry to enter on any State fish refuge.