(a) A person who wishes to obtain an aquaculture, water column, or submerged land lease shall pay a nonrefundable application fee established by the Department, in consultation with the Aquaculture Coordinating Council, and complete and submit an application to the Department. (b) An application for an aquaculture lease, water column lease, or submerged land lease shall include: (1) A declaration that the applicant intends to actively use the leased area for commercial purposes; and (2) A proposed plan for active use of the lease that shall include: (i) The lessee's source and quantity of shellfish seed; (ii) The methods and means the applicant will use to grow shellfish; (iii) The quantity of shellfish that the lessee expects to plant and harvest, and the time for planting and harvesting, during the initial 3 years of the lease; and (iv) A description of the labor, materials, and equipment to be used by the lessee. (c) The requirements for active use of a lease shall include: (1) Annually planting at least one-fourth of the leased area at a minimum density of 1,000,000 shellfish seed per acre; or (2) Complying with any other requirements established by the Department. (d) (1) The term of a lease is 20 years. (2) Except for a demonstration lease under § 4-11A-11 of this subtitle, a lease may be of any size provided that the leaseholder actively uses the area. (3) The Department shall establish, in consultation with the Aquaculture Coordinating Council, an annual amount of rent and an aquaculture development surcharge for an aquaculture, water column, or submerged land lease. (4) The Department, as it considers necessary to protect the public health, safety, and welfare, may: (i) Deny a lease application for reasonable cause; or (ii) Include any conditions in a lease. (e) If an application for an aquaculture lease meets the requirements of this subtitle, the Department shall survey the leased area and issue a lease to the applicant. (f) If an application for a submerged land lease in an area preapproved for leasing in the Atlantic Coastal Bays meets the requirements of this subtitle, the Department shall survey the leased area and issue a submerged land lease to the applicant. (g) (1) If an application for a submerged land or water column lease in the Chesapeake Bay or in the Atlantic Coastal Bays meets the requirements of this subtitle: (i) The applicant for the lease shall mark the center of the proposed area with a stake; and (ii) The Department shall: 1. Survey the corners of the proposed lease area; 2. 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; 3. Notify the owners of property directly in front of the proposed activity; 4. Notify each Chair of an Oyster Committee in the county in which the proposed activity is located; and 5. Notify other interested parties that the Department considers appropriate. (2) (i) Any person may submit a written request for a public informational meeting on the issuance of a lease within 30 days after publication of the last advertisement under paragraph (1) of this subsection. (ii) The request for a public informational meeting submitted to the Department under subparagraph (i) of this paragraph must contain the name, mailing address, and e-mail address of the requestor. (iii) The Department shall hold a public informational meeting on the issuance of a lease on the request of any person. (3) (i) 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 written petition with the Department protesting the issuance of the lease: 1. Within 30 days after publication of the last advertisement under paragraph (1) of this subsection; or 2. Within 7 days after a public informational meeting held in accordance with paragraph (2) of this subsection. (ii) A protest filed with the Department under subparagraph (i) of this paragraph must contain: 1. The name, mailing address, and e-mail address of the protestant; 2. A statement indicating that the protestant intends to protest the lease and the reasons for the protest; and 3. A statement describing the protestant's 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. (iii) The Department may require mediation between the protestant, the applicant, and the Department before transmitting the protest to the Office of Administrative Hearings. (iv) 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. (v) Immediately after termination of the period specified in subparagraph (i) of this paragraph for filing a petition or after a final decision dismissing a protest, the Department shall issue a lease to the applicant. (h) The Department, in consultation with the Aquaculture Coordinating Council, may charge an applicant reasonable advertising and survey fees. §4-11A-10. IN EFFECT (a) A leaseholder shall: (1) 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; (2) 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; (3) Comply with any other marking requirements established by the Department for the protection of navigation; (4) 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 (5) Pay the rent and the aquaculture development surcharge for the lease at the time established by the Department. (b) 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. (c) A leaseholder may not: (1) Place shellfish, bags, nets, or structures on submerged aquatic vegetation without prior written approval from the Department; (2) Plant or harvest shellfish within 500 yards of any stationary blind or blind site that is occupied and being used for hunting migratory waterfowl; (3) Sublease a lease; (4) Transfer a lease without the approval of the Department; (5) Harvest shellfish outside the hours established by the Department in regulation; or (6) Place unlawfully harvested oysters on a lease. (c-1) In approving the placement of shellfish, bags, nets, or structures on submerged aquatic vegetation under subsection (c)(1) of this section, the Department: (1) May not authorize harvesting by dredge in areas where submerged aquatic vegetation is present; (2) 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 (3) Shall authorize harvest by diving in areas on any submerged land lease where submerged aquatic vegetation is present. (d) Shellfish planted or harvested in accordance with a lease issued under this subtitle are subject to inspection by the Department. (e) (1) 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. (2) 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. (f) (1) The Department may terminate a lease issued under this subtitle for failure to comply with the requirements of this subtitle. (2) 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. (3) 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. (4) 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. (g) In consultation with the Aquaculture Coordinating Council, the Department shall establish by regulation the hours for harvesting shellfish within leased areas. §4-11A-10. // EFFECTIVE JUNE 30, 2027 PER CHAPTER 113 OF 2024 // (a) A leaseholder shall: (1) 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; (2) 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; (3) Comply with any other marking requirements established by the Department for the protection of navigation; (4) 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 (5) Pay the rent and the aquaculture development surcharge for the lease at the time established by the Department. (b) 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. (c) A leaseholder may not: (1) Place shellfish, bags, nets, or structures on submerged aquatic vegetation; (2) Plant or harvest shellfish within 500 yards of any stationary blind or blind site that is occupied and being used for hunting migratory waterfowl; (3) Sublease a lease; (4) Transfer a lease without the approval of the Department; (5) Harvest shellfish outside the hours established by the Department in regulation; or (6) Place unlawfully harvested oysters on a lease. (d) Shellfish planted or harvested in accordance with a lease issued under this subtitle are subject to inspection by the Department. (e) (1) 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. (2) 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. (f) (1) The Department may terminate a lease issued under this subtitle for failure to comply with the requirements of this subtitle. (2) 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. (3) 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. (4) 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. (g) In consultation with the Aquaculture Coordinating Council, the Department shall establish by regulation the hours for harvesting shellfish within leased areas.
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