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<regulation prefix="Regulation" num=".07" citation="COMAR 08.02.23.07" title_num="08" subtitle_num="02" chapter_num="23" heading="Demonstration Lease Procedures.">
  <paragraph num="A.">
    <text>Eligibility. The Department may only issue a demonstration lease to be used exclusively for educational, conservation, or ecological purposes to:</text>
    <paragraph num="(1)">
      <text>A public high school;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An incorporated college or university within the State;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A 4-H club; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A nonstock, nonprofit corporation organized under the laws of the State.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Application.</text>
    <paragraph num="(1)">
      <text>Prior to obtaining a demonstration lease, an eligible group or organization shall complete and submit an application on a form provided by the Department.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The application shall include:</text>
      <paragraph num="(a)">
        <text>Documentation that the applicant meets the qualifications set forth in Natural Resources Article, §4-11A-11, Annotated Code of Maryland;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The name and contact information of an employee of the applicant group or organization who will be responsible for ensuring that the requirements of this regulation are met;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The purpose of the demonstration lease;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A declaration that the applicant intends to actively use the leased area for demonstration purposes; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A proposed plan for active use of the demonstration lease which shall include:</text>
        <paragraph num="(i)">
          <text>The applicant’s source and quantity of shellfish or shellfish seed;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The quantity of shellfish or shellfish seed that the applicant expects to plant on the leased area during the initial 3 years of the lease;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>A description of the activities that will occur on the leased area; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>A description of the labor, materials, and equipment to be used by the applicant.</text>
        </paragraph>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Application Review Process.</text>
    <paragraph num="(1)">
      <text>If an application for a demonstration lease in the Chesapeake Bay or in the Atlantic Coastal Bays meets the requirements of this regulation and Natural Resources Article, §4-11A-11, Annotated Code of Maryland:</text>
      <paragraph num="(a)">
        <text>The applicant for the lease shall mark the proposed area with a stake; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Department shall:</text>
        <paragraph num="(i)">
          <text>Advertise the application on the website of the Department and once a week for 2 weeks in a newspaper published in the county or counties where the proposed lease is to be located;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Notify the owners of property directly in front of the proposed activity;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Notify each Chair of an Oyster Committee in the county in which the proposed activity is located; and</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Notify other interested parties that the Department deems appropriate.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Within 30 days of publication of the last advertisement under §C(1) of this regulation, any person who has a specific right, duty, privilege, or interest that is different from that held by the general public and may be adversely affected by the proposed lease may file a petition with the Department protesting the issuance of the lease.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The protest shall be heard in accordance with the requirements of the Administrative Procedure Act under Title 10, Subtitle 2 of the State Government Article.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Department shall hold a public informational meeting on the issuance of a lease on the request of any person.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>After termination of the period prescribed in §C(2) of this regulation for filing a petition or after a final decision dismissing a protest, the Department shall survey the proposed leased area and issue a lease to the applicant.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The Department, as it considers necessary to protect the public health, safety, and welfare, may:</text>
      <paragraph num="(a)">
        <text>Deny a lease application for reasonable cause; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Include any conditions in a lease.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Fees. There are no application or rental fees for a demonstration lease.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Locations. In addition to restrictions provided in Natural Resources Article, §4-11A-11, Annotated Code of Maryland, a lease may not be located in the Assateague Island National Seashore as described in 16 U.S.C. §459f.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Prohibited Activities.</text>
    <paragraph num="(1)">
      <text>Alterations, including adding any type of fill or sediment other than shell to the existing condition of the lease, are not permitted without written permission from the Department.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Shell present in the leased area at the time the lease is issued may not be removed from the leased area without the written permission of the Department.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Permanent structures of any kind may not be placed on the leased area without written permission from the Department.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Shellfish may not be harvested from the leased area for commercial or human consumption purposes.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Lease Markers and Equipment. A leaseholder shall:</text>
    <paragraph num="(1)">
      <text>Place a minimum of four poles at the corners of the lease perimeter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Mark each pole with an 8-inch by 12-inch marker displaying the name of the leaseholder and the lease number;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Maintain and meet any standards for corner marker structures as described by the Department on its website;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Permanently and individually mark all equipment or manmade material used on the lease with the lease number and name of the leaseholder; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Be responsible and liable for equipment, gear, or aquaculture-related material that has been found adrift or unattended outside the boundaries of the lease area.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Operators.</text>
    <paragraph num="(1)">
      <text>The Department shall issue an operator card to the lessee at the time of lease approval.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>When one or more individuals are engaged in demonstration activities on the leased area, an individual authorized by the lessee shall be present and in possession of the operator card.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Any individual engaged in demonstration activities on a leased area shall comply with the terms and conditions of the lease agreement for that area.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>Reporting. A leaseholder shall submit to the Department an annual report as required by the Department not later than December 31.</text>
  </paragraph>
  <paragraph num="J.">
    <text>Surrender of a Lease. A lease may be surrendered by providing written notice to the Department.</text>
  </paragraph>
</regulation>